Banjanin v Mosman Council [2016] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Banjanin v Mosman Council [2016] NSWLEC 1170 Hearing dates: 4-5 May, 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: Directions, refer to paragraphs 34-37 Catchwords: DEVELOPMENT APPLICATION: construction of a pair of two storey semi-detached dwellings; impact on heritage significance of the heritage item; impact on streetscape, local character and significance of heritage conservation area; front setback. Category: Principal judgment Parties: George Banjanin (Applicant 1) Dragana Banjanin (Applicant 2) Mosman Council (Respondent) Representation: Counsel: Mr M. Staunton barrister (Applicant) Ms A. Hemmings barrister (Respondent)

Solicitors: Bartier Perry (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 11005 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 8.2015.117.1 for the subdivision by torrens title of the existing allotment into two allotments, construction of a pair of two-storey semi-detached dwellings, new crossover and changes to an existing crossover, tree removal and landscape works (the proposal) at 32 Orlando Avenue, Mosman (the site) by Mosman Council (the Council). 2. The appeal was subject to mandatory conciliation on 1 February 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 15 February 2016, pursuant to s 34(4) of the LEC Act. 3. During the hearing of the matter, the experts participated in further joint conferencing and came to an agreement in relation to all but one of the issues identified by the Council's experts, with reference to the Council's contentions, in the matter. The parties agreed to me determining the outstanding issue of an appropriate front setback for the proposal and handing down a decision on that issue with directions for the applicant to prepare the necessary amended documentation, the Council to prepare conditions of consent and a timetable for a consent orders hearing.