Modog Pty Ltd v Mosman Council [2018] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Ltd v Mosman Council [2018] NSWLEC 1101 Hearing dates: 5, 6 February 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Class 1 Before: Brown C and Walsh C Decision: 1. The appeal is dismissed. 2. Development Application No 8.2017.47.1 for the modification of existing dwellings and the construction of new works to create a residential flat building at 24-26 Boyle Street, Mosman is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: partial demolition of existing dwellings and construction of a residential flat building; excessive height; excessive floor space ratio; unacceptable impacts on views; impractical car parking access and manoeuvrability; loss of privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Mosman Local Environmental Plan 2012 Mosman Residential Development Control Plan 2012 State Environmental Planning Policy Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Australian /New Zealand Standard AS2890.1 Category: Principal judgment Parties: Modog Pty Ltd (Applicant) Mosman Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Ms J Reid (Respondent)

Solicitors: Swaab Attorneys (Applicant) Pikes & Verekers (Respondent) File Number(s): 125508 of 2017 Publication restriction: No