ILME Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: ILME Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1165 Hearing dates: Conciliation conference on 30 March 2020 Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibits C. (2) The Applicant's written requests made pursuant to clause 4.6 of the Mosman Local Environmental Plan 2012 seeking to contravene development standards for minimum lot size at clause 4.1 and 4.3A of the Mosman Local Environmental Plan 2012 are upheld. (3) The appeal is upheld. (4) Development consent for Development Application 8.2017.260 for the demolition of the semi-detached dwelling, boundary adjustment and construction of a new part 3-storey, part 4-storey dwelling house and swimming pool, double garage, retaining walls, tree removal and landscaping is granted, subject to the conditions at Annexure 'A'. (5) All exhibits are returned, except for Exhibits A, B, C and J. Catchwords: DEVELOPMENT APPLICATION – single dwelling residential development – height of buildings – minimum lot size – scenic foreshore protection Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Covid-19 Pandemic Arrangements Policy, Land and Environment Court of New South Wales Category: Principal judgment Parties: ILME Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)