Rini Pty Ltd ATF Misamtay Trust v Mosman Municipal Council [2019] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Rini Pty Ltd ATF Misamtay Trust v Mosman Municipal Council [2019] NSWLEC 1636 Hearing dates: Conciliation conference on 22 October 2019; Hearing on 13 December 2019 Date of orders: 13 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Leave is granted to rely on the Revision H Amended Plans in Exhibit A and as described in the agreed conditions in Annexure A. (2) The written request under clause 4.6 of the Mosman Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development Consent is granted to DA 8.2017.258.1 at 3 Sirius Avenue, Mosman for demolition of existing structures and construction of a two storey dwelling with basement parking, swimming pool and associated landscaping, subject to the agreed conditions in Annexure A. (5) The exhibits are returned upon publication of my decision to be finalised at the earliest opportunity. Catchwords: DEVELOPMENT APPLICATION – dwelling house, clause 4.6 variation to wall height, view impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Gregory International v Waverley Council [2004] NSWLEC 365 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Mosman Development Control Plan 2012 Category: Principal judgment Parties: Rini Pty Ltd ATF Misamtay Trust (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R McCulloch (Solicitor) (Respondent)