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:
Solicitors:
A Galasso SC (Applicant)
A Pickles SC (Respondent) with M Staunton
Mills Oakley (Applicant)
HWL Ebsworth (Respondent)
File Number(s): 2020/349292 Publication restriction: No
Judgment
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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.
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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.
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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.
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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
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The Court orders that:
The appeal is upheld.
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.
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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- AGLC
- Fabcot Pty Ltd v Mosman Municipal Council (No 2) [2021] NSWLEC 1730
- Case
- [2021] NSWLEC 1730
- Decision Date
CaseChat Overview and Summary
The Court considered the statutory and policy framework governing development applications in New South Wales. The Court examined whether the proposed development complied with the Local Environment Plan and whether the development was in accordance with the council's planning policies and objectives. The Court also considered the impact of the proposed development on the character and amenity of the local area, including the aesthetic considerations, the effects on neighbouring properties, and the public interest. The Court found that the proposed development was consistent with the planning policies and objectives and did not have an unacceptable adverse impact on the local area. The Court held that the development consent should be granted, subject to certain conditions.
In light of the Court's findings, the appeal was upheld, and development consent was granted for the proposed development. The Court imposed conditions to mitigate any adverse impacts on the local area, including requirements for landscaping, signage, and the retention and restoration of existing Military Road facades. The Court also ordered that certain exhibits be returned, except for Exhibits A, E, L, and 10.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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