Fuda v Mosman Municipal Council

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Fuda v Mosman Municipal Council [2025] NSWLEC 1719

Hearing dates:

Conciliation 22-23 September 2025: final submissions 29 September 2025

Date of orders:

02 October 2025

Decision date:

02 October 2025

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Consent 8.2023.305.1 is modified in the terms set out in Annexure A.

(3) Development Consent 8.2023.305.3 as modified by the Court is set out in Annexure B.

Catchwords:

MODIFICATION APPLICATION - whether substantially the same – conciliation conference – agreement between parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), ss 4.14, 4.16, 4.55, 8.9, 10.3

Land and Environment Court Act 1979 (NSW), ss 34, 34AA

Environmental Planning and Assessment Regulation 2021 (NSW), ss 100, 113

Mosman Local Environmental Plan 2012, cll 4.4, 4.6, 6.4, 6.6, 6.7

State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, Ch 6

State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1

Cases Cited:

SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65

Texts Cited:

Mosman Community Participation Plan 2020

Category:

Principal judgment

Parties:

Kara Fuda (Applicant)
Mosman Municipal Council (Respondent)

Representation:

Counsel:
L Nupuri (Applicant)
R McCulloch (Solicitor)(Respondent)

Solicitors:
Mills Oakley (Applicant)
Pikes & Verekers (Respondent)

File Number(s):

2025/135058

Publication restriction:

Nil

JUDGMENT

1. Plunkett Road is elevated above Balmoral Beach with panoramic views over The Esplanade below to Sydney Harbour beyond.

2. Development is proposed on a site at 30 Plunkett Road, Mosman. More specifically, Modification Application 8.2023.305.3 seeks to amend Development Consent 8.2023.305.1 that granted consent for the demolition of an existing dwelling and the construction of a new dwelling and swimming pool (the original consent).

3. The modification application, lodged by the Applicant in these proceedings, Ms Kara Fuda, now seeks the following modifications to the original consent:

1. Changes to external stairs to the east;

2. Location and layout of plant room for buildability; and

3. Doors and joinery relocated.

4. The original consent was granted by Mosman Municipal Council on 21 August 2024, and the modification application was lodged on 21 February 2025.

5. The Council publicly notified the modification application from 3 March 2025 to 17 March 2025, in accordance with the Mosman Community Participation Plan.

6. As the modification application was not otherwise determined at the time, the Applicant appealed its deemed refusal on 9 April 2025, under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).

7. The appeal was listed for mandatory conciliation on 22 September 2025 in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act).

8. The conciliation commenced with an onsite view, after which the conciliation conference then reconvened at Court where without prejudice discussions were held. The Applicant agreed to amend the proposal, subject to a short adjournment to prepare amended plans.

9. Accordingly, the parties reached agreement on the matters in contention and a signed agreement was initially submitted to the Court…