Category Archives: Planning Law

Jones v Mosman Council [2015] NSWLEC 1121

ON 24 APRIL 2015, the NSW Land and Environment Court delivered Jones v Mosman Council [2015] NSWLEC 1121 (24 April 2015).

Development Application: conciliation conference; agreement between the parties; orders.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWLEC/2015/1121.html

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.

The link to annexure “A” is http://www.caselaw.nsw.gov.au/asset/553ed1a8e4b0fc828c9966f1.pdf

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Chidiac v Mosman Council [2015] NSWLEC 1044

ON 16 MARCH 2015, the NSW Land and Environment Court delivered Chidiac v Mosman Council [2015] 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”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1044.html

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.

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Markakis v Mosman Council [2015] NSWLEC 1033

ON 3 MARCH 2015, the NSW Land and Environment Court delivered Markakis v Mosman Council [2015] 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.”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1033.html

The Court dismissed an appeal against a decision of Mosman Council to refuse a Development Application for a two storey dwelling at 103A Raglan Street, Mosman.

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Mosman Local Environmental Plan 2012

ON THIS DAY IN 2012, the Mosman Local Environmental Plan 2012 commenced.

http://www.austlii.edu.au/au/legis/nsw/num_epi/mlep20122011647295.pdf

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Mosman Local Environmental Plan 2012

ON THIS DAY IN 2012, the Mosman Local Environmental Plan 2012 commenced.

http://www.austlii.edu.au/au/legis/nsw/num_epi/mlep20122011647295.pdf

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Parramatta City Council v Pestell [1972] HCA 59 | 24 November 1972

Parramatta City Council v Pestell [1972] HCA 59; (1972) 128 CLR 305 (24 November 1972).

http://www.austlii.edu.au/au/cases/cth/high_ct/128clr305.html

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Sydney, Australia

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Twist v Randwick Municipal Council [1976] HCA 58 | 17 November 1976

Twist v Randwick Municipal Council [1976] HCA 58; (1976) 136 CLR 106 (17 November 1976).

http://www.austlii.edu.au/au/cases/cth/high_ct/136clr106.html

A statutory authority with the power to affect the rights of a person must hear from the person before exercising the power.

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Sydney, Australia

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