NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Demlakian v Mosman Council [2013] NSWLEC 1154 Hearing dates: 26-27 June 2013 Decision date: 15 August 2013 Jurisdiction: Class 1 Before: Smithson AC Decision: 1.The appeal is upheld in part. 2.The deferred commencement conditions under Part A of the consent for Development Application 8.2012.221.1 for a new dwelling house at 60 Moruben Road, Mosman are modified as follows: conditions 1, 2, 3, 6, 8 and 11 are amended; conditions 4, 5 and 7 are retained; and conditions 9 and 10 are deleted, as detailed (including renumbering) in the revised deferred commencement conditions of consent in Annexure A. 3.The exhibits are returned to the parties with the exception of Exhibits A, C, F, 1, 2 and 7. Catchwords: DEVELOPMENT APPLICATION - new dwelling, height, bulk, setbacks, view sharing and loss, resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Mosman Local Environmental Plan 2012 Mosman Residential Development Control Plan Cases Cited: Tenacity Consulting v Warringah [2004] NSW LEC 140 Padfurn v North Sydney Council [2005] NSW LEC 444 Category: Principal judgment Parties: Josie Demlakian (Applicant)
Mosman Council (Respondent Representation: Counsel Mr P McEwan (Applicant) Solicitors Mr S Konstantinidis, Konstan Lawyers (Applicant)
Ms J Walsh, Pike Lawyers (Respondent) File Number(s): 10253 of 2013
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