Burley Katon Halliday Pty Ltd v Mosman Council [2016] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: Burley Katon Halliday Pty Ltd v Mosman Council [2016] NSWLEC 1307 Hearing dates: 26 April 2016 and 7 July 2016. Further information filed before or on 19 July 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Class 1 Before: Tuor C Decision: By Consent: (1) The appeal is upheld; (2) Development consent is granted to development application no. 8.2015.84 for the erection of alterations and additions to a dwelling at Lot 1 DP933341 (No. 9) Curraghbeena Road, Mosman, subject to the conditions in Annexure A; (3) The Applicant to pay the Respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed in relation to the amended plans (for which leave was granted) as referred to in the affidavit of Paul Nicholas Vergotis sworn 25 May 2016; and (4) The exhibits, other than Exhibits 1, B and F, are returned. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to a dwelling. Consent orders. Objector concerns, view sharing. Variation to height and floor space ratio standards. Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Mosman Local Environmental Plan 2002 . Cases Cited: Rose Bay Marina Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1046 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Burley Katon Halliday Pty Ltd (Applicant)