Modog Pty Ltd v Mosman Municipal Council [2015] NSWLEC 1396

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Ltd v Mosman Municipal Council [2015] NSWLEC 1396 Hearing dates: 29,30 July 2015 Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application No 8.2014.245.1 for the demolition of two existing dwellings and the construction of a building containing 8 x 3 bedroom units and basement car parking at 2 and 4 Lavoni Street, Mosman is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 2 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of two separate buildings on two separate lots and the construction of a single building across both lots - streetscape and local character - internal amenity issues – inadequate information on stormwater disposal, impact on existing trees, privacy screening details, and overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Mosman Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Modog Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Mr M Staunton, barrister with Ms J Reid, barrister (Applicant) Mr A Pickles, barrister (Respondent)

Solicitors: Hartley Solicitors (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10097 of 2015 Publication restriction: No