Robertson v Mosman Municipal Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Robertson v Mosman Municipal Council [2025] NSWLEC 1680

Hearing dates:

Conciliation conference on 31 July 2025

Date of orders:

19 September 2025

Decision date:

19 September 2025

Jurisdiction:

Class 1

Before:

O’Neill C

Decision:

The orders of the Court are:

(1) The appeal is upheld.

(2) Development Application No. 8.2024.104.1 for alterations and additions to the existing dwelling at 3A Sirius Cove Road, Mosman is determined by the grant of consent, subject to the conditions in Annexure A.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7

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

Environmental Planning and Assessment Regulation 2021 (NSW), s 38

Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 6.4

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pts 6.2, 6.3

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

Cases Cited:

Cumming v Cumberland Council (No 2) [2021] NSWLEC 117

Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90

Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118

Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827

Category:

Principal judgment

Parties:

Guy Robertson (Applicant)
Mosman Municipal Council (Respondent)

Representation:

Counsel:
J Smith (Applicant)
R McCulloch (Solicitor) (Respondent)

Solicitors:
Sattler & Associates Pty Ltd (Applicant)
Pikes & Verekers Lawyers (Respondent)

File Number(s):

2025/55844

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. 8.2024.104.1 for alterations and additions to the existing dwelling (the proposal), at 3A Sirius Cove Road, Mosman (the site), by Mosman Municipal Council (the Council).

2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 31 July 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 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 functions.

3. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are preconditions to the exercise of power to grant development consent for the proposal.

Amended application

4. The Council, as the consent authority, consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW). The plans and documents comprising the amended application are:

Drawing No.	Drawing Title	Revision No.	Date
A 00	Cover Page	B	3.7.25
A 01