Serafimovski v Mosman Municipal Council

[2018] NSWLEC 1615

Land and Environment Court

New South Wales

Medium Neutral Citation:	Serafimovski v Mosman Municipal Council [2018] NSWLEC 1615
Hearing dates:	Conciliation Conference on 28 November 2018
Date of orders:	29 November 2018
Decision date:	29 November 2018
Jurisdiction:	Class 1
Before:	Morris AC
Decision:	See [7] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012
Category:	Principal judgment
Parties:	Goran Serafimovski (First Applicant) Aleksandra Serafimovski (Second Applicant) Mosman Municipal Council (Respondent)
Representation:	Counsel: Dr S Berveling (Applicants)   Solicitors: Penklis Lawyers (Applicants) R McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2018/164244
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Goran and Aleksandra Serafimovski (applicants) lodged under s 8.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act) against the refusal by Mosman Municipal Council of Development Application 8.2017.144.1. The application proposed demolition of existing site improvements, construction of a new dwelling house with lower level parking, swimming pool and landscaping at 62 Wyong Road, Mosman.

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 has been held on 28 November 2018. I have presided over the conciliation conference.

3. 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. The decision agreed upon is to uphold the appeal and to grant development consent subject to conditions of consent, pursuant to s 4.16 of the EP&A Act. That agreement was based on amended plans prepared by the applicant which, according to the council’s experts, addressed the contentions in the case.

4. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

5. I have formed this state of satisfaction because the development is permissible in the R2 zone under Mosman Local Environmental Plan 2012, the development complies with all relevant development standards in that plan and, as agreed by the parties, takes into consideration potential impact on views from neighbouring properties. Conditions of consent have been imposed that reflect those impacts and ensures appropriate landscaping, tree retention and boundary treatments. These were issues raised by objectors to the development.

6. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

7. The Court orders:

1. The Applicants are granted leave to rely on the further amended plans listed in Annexure “A”.

2. The appeal is upheld.

3. Development Application DA 8.2017.144.1 for demolition of the existing dwelling and 2 brick sheds and the construction of a dwelling house and swimming pool at 62 Wyong Road, Mosman, is approved subject to the conditions set out in Annexure “B”.

………………………..

Sue Morris

Acting Commissioner of the Court

Annexure A (13.3 KB, pdf)

Annexure B (110 KB, pdf)

Amended Plans_Part1 (5.01 MB, pdf)

Amended Plans_Part2 (11.7 MB, pdf)

Amended Plans_Part3 (7.27 MB, pdf)

Amended Plans_Part4 (8.01 MB, pdf)

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Decision last updated: 30 November 2018