Bennett v Mosman Council [2014] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Bennett v Mosman Council [2014] NSWLEC 1091 Hearing dates: 15 May 2014 Decision date: 21 May 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 8.2012.282.1 for demolition of the existing dwelling and construction of a new dwelling is refused. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing dwelling identified as contributory to the Bradleys Head Road Conservation Area; impact of demolition on the heritage significance of Bradleys Head Road Conservation Area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category: Principal judgment Parties: Lisa and John Bennett (Applicant) Mosman Council (Respondent) Representation: Mr P McEwen SC (Applicant) Mr A Pickles Barrister (Respondent) Mr Steven Klinger, Solicitor (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10123 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 8.2012.282.1 for the demolition of the existing dwelling and construction of a new dwelling (the proposal) at 11 Prince Albert Street, Mosman (the site) by Mosman Council (the Council). 2The appeal was subject to mandatory conciliation on 15 May 2014, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.