DEDICO Development Services v Mosman Municipal Council

[2022] NSWLEC 1339

Land and Environment Court

New South Wales

Medium Neutral Citation:

DEDICO Development Services v Mosman Municipal Council [2022] NSWLEC 1339

Hearing dates:

Conciliation conferences on 9, 12 and 27 May 2022, 8 and 9 June 2022.

Date of orders:

07 July 2022

Decision date:

07 July 2022

Jurisdiction:

Class 1

Before:

Horton C

Decision:

See orders at [19]

Catchwords:

DEVELOPMENT APPLICATION: residential flat building – conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15

Environmental Planning and Assessment Regulation 2000

Land and Environment Court Act 1979, ss 34, 39

Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 5.10, 6.4, 6.6

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6

Category:

Principal judgment

Parties:

DEDICO Development Services (Applicant)
Mosman Municipal Council (Respondent)

Representation:

Counsel:
C Ireland (Applicant)
R McCulloch (Solicitor) (Respondent)

Solicitors:
Dentons (Applicant)
Pikes & Verekers (Respondent)

File Number(s):

2022/14001

Publication restriction:

No

Judgment

1. COMMISSIONER: This Class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act1979 (EPA Act) following the refusal by Mosman Municipal Council (the Respondent) of Development Application 8.2021.310.1 seeking consent for the demolition of a dwelling house, swimming pool and tennis court and construction of a residential flat building comprising 6 units, basement car parking, tree removal and landscaping at 22 Redan Street, Mosman (the site).

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 9 May 2022, and at which I presided.

3. At the conciliation conference, the parties reached in-principle agreement as to the scope of amendments required for the parties to reach terms of a decision in the proceedings that would be acceptable to the parties, subject to time being granted for certain amendments to the development the subject of the development application.

4. I granted the parties an adjournment to permit the preparation of amended plans and other documents. I subsequently granted further adjournments so that additional amendments agreed between the parties could be made to the proposal.

5. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions.

6. A signed agreement prepared in accordance with s 34 (10) of the LEC Act was filed with the Court on 27 June 2022.

7. The parties ask me to approve their decision as set out in the s34 agreement before the Court. In general terms, the agreement approves the development subject to amended plans that were prepared by the Applicant, and noting that the final detail of the works and plans are specified in the agreed conditions of development consent annexed to the s34 agreement.

8. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its…