Fabcot Pty Ltd v Mosman Municipal Council (No 2)

[2021] NSWLEC 1730

Land and Environment Court

New South Wales

Medium Neutral Citation:

FABCOT PTY LTD v Mosman Municipal Council (No 2) [2021] NSWLEC 1730

Hearing dates:

5-6 October 2021

Date of orders:

1 December 2021

Decision date:

01 December 2021

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

1) The appeal is upheld.

2) Development consent is granted for Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman, subject to those conditions of consent at Annexure A.

3) All exhibits are returned, except for Exhibits A, E, L and 10.

Catchwords:

DEVELOPMENT APPLICATION –Military Road heritage conservation area – Mosman junction Business Centre – traffic and parking impact – assessment of car parking provision – proposed lane widening – acoustic assessment - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 4.16

Cases Cited:

FABCOT PTY LTD v Mosman Municipal Council [2021] NSWLEC 1665

Category:

Principal judgment

Parties:

FABCOT PTY LTD (Applicant)
Mosman Municipal Council (Respondent)

Representation:

Counsel:
A Galasso SC (Applicant)
A Pickles SC (Respondent) with M Staunton

Solicitors:
Mills Oakley (Applicant)
HWL Ebsworth (Respondent)

File Number(s):

2020/349292

Publication restriction:

No

Judgment

1. COMMISSIONER: In a judgment given on 2 November 2021, the Court gave its decision FABCOT PTY LTD v Mosman Municipal Council [2021] NSWLEC 1665 in respect of Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman.

2. In my preliminary judgment, I determined that the development the subject of the development application warrants the grant of consent in accordance with s 4.16 of the Environmental Planning and Assessment Act 1979 (EPA Act), subject to conformance with certain directions made by the Court.

3. On 17 November 2021, the parties complied with the Court’s directions. Amended architectural plans and agreed conditions of consent, consistent with my findings, were filed with the Court.

4. As the parties have now complied with the directions at [200] of my preliminary judgment of 2 November 2021, it is appropriate to make orders granting development consent in accordance with s 4.16 of the EPA Act.

Orders

5. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted for Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman, subject to those conditions of consent at Annexure A.

3. All exhibits are returned, except for Exhibits A, E, L and 10.

……………………

T Horton

Commissioner of the Court

(Annexure A) (391881, pdf)

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Decision last updated: 01 December 2021