Lin Zhang v Mosman Municipal Council [2017] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: Lin Zhang v Mosman Municipal Council [2017] NSWLEC 1188 Hearing dates: 31 March 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Jurisdiction: Class 1 Before: Martin SC Decision: 1. The Clause 4.6 variation application by the Applicant in relation to the Floor Space Ratio standard is upheld. 2. Leave is granted to the Applicant to rely upon amended plans and documents referred to in condition 1 of the Conditions of Consent attached and marked "A". 3. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Council's costs thrown away as a result of the amendment referred to in Order 2. 4. It is agreed that the costs referred to in Order 3 above and ordered to be paid on 15 November 2016 shall be $3000 (exclusive of GST). The Applicant is to pay the Council this amount within 28 (twenty eight) days of these Orders being made by the Court. 5. The appeal is upheld. 6. Development Consent is granted to Development Application No. 8.2016.89.1 for the demolition of the existing dwelling house and construction of a new dwelling house at 8 Glencarron Avenue, Mosman, NSW 2088 (Lot 12 in DP 17847) subject to the conditions annexed marked "A". 7. The Exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – consent orders; residential building; resident objections; clause 4.6 variation Legislation Cited: Environmental Planning and Assessment Act 1979 ss 97, 97B Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Lin Zhang (Applicant) Mosman Municipal Council (Respondent) Representation: G. McKee (Solicitor) (Applicant) J. Walsh (Solicitor) (Respondent) Solicitors: McKees Legal Solutions (Applicant) Pikes Lawyers (Respondent) File Number(s): 2016/321244 Publication restriction: No