The Court made orders to give effect to an agreement between the applicant (Melanie Jones and Saeed Moazzam) and the respondent (Mosman Council) that was reached at conciliation on 24 April 2015.
The terms of the agreement are as follows:
1. The applicant is granted leave to amend Development Application No. 8.2014.39.1 in accordance with the plans referred to in Condition 1 of Annexure “A” hereto.
2. The applicant shall pay the respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 agreed in the sum of $7,000.00, such costs to be paid within 28 days of orders being made in accordance with this agreement.
3. The appeal is upheld.
4. Development Application No. 8.2014.39.1 relating to the land at 173 Spit Road,
Mosman, for demolition of existing dwelling and construction of 4 units, is approved, subject to the conditions set out in annexure “A” to this agreement.
ON THIS DAY in 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”)  HCA 20; (1976) 136 CLR 1 (14 April 1976).
The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution. As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.
Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.
ON 16 MARCH 2015, the NSW Land and Environment Court delivered Chidiac v Mosman Council  NSWLEC 1044 (16 March 2015).
“DEVELOPMENT APPLICATION: development standards for height and floor space ratio; adequacy of applications to justify contravention of standards; compatibility of proposed development with objectives of the standards and the objectives of the R3 zone; desired future character of the area; view impacts; amenity of proposed dwellings”
The Court dismissed an appeal against Mosman Council’s deemed refusal of a Development Application for demolition of existing structures at 1 Musgrave Street, Mosman and the erection of a five level residential flat building above two levels of basement car parking.
ON 3 MARCH 2015, the NSW Land and Environment Court delivered Markakis v Mosman Council  NSWLEC 1033 (3 March 2015).
“DEVELOPMENT APPLICATION: two storey dwelling; inappropriate siting of dwelling on battle-axe site; inadequate landscaped area; impacts on adjoining dwellings; internal amenity; resolution of shared parts of site with adjoining property.”