Banjanin v Mosman Council [2016] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: Banjanin v Mosman Council [2016] NSWLEC 1332 Hearing dates: 4-5 May and 11 August, 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. Leave is granted to the applicant to rely on the amended plans, listed at condition 1 of Annexure 'A'. 2. The applicant shall pay the respondent's costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 3. The appeal is upheld. 4. Consent is granted to development application 8.2015.117.1 for the construction of a pair of semi-detached dwellings, to be held under strata title, subject to the conditions of consent at Annexure 'A'. 5. The exhibits, other than exhibits 1, 13, D, E F and G, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a pair of two storey semi-detached dwellings; impact on heritage significance of the adjoining heritage item; impact on streetscape, local character and significance of heritage conservation area; front setback. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Fast Buck$ v Byron Shire Council (1999) 103 LGERA 94 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: George and Dragana Banjanin (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr M. Staunton barrister (Applicant) Ms A. Hemmings barrister (Respondent)