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

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

The development application warranted consent because the heritage impacts on the Military Road Heritage Conservation Area were acceptable subject to final detailed drawings and conditions, the Applicant's traffic and parking evidence was preferred and demonstrated that the proposed car parking provision was sufficient, Lennon Lane could accommodate the low-speed and low-volume traffic with dynamic signage and management measures, acoustic impacts could be managed by conditions including broadband reversing alarms, and disputed conditions could be resolved consistently with the Court's findings.

Jurisdiction
Australia
Judgment Date
02 November 2021
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da8.2020.24.1 / Principal Judgment; Directions Made Before Final Consent Orders
Outcome
The Court was minded to grant consent to the development application, subject to final detailed drawings and resolution of final conditions; directions were made.
Legal Topics
['development Application Refusal Appeal' 'military Road Heritage Conservation Area' 'traffic and Parking Impacts' 'car Parking Provision' 'lane Widening and Lane Extension' 'loading Dock Management' 'acoustic Impacts' 'conditions of Consent' 'remediation of Land']
['environmental and Planning Law' 'development Consent' 'heritage Conservation'] ['development Application Refusal Appeal' 'military Road Heritage Conservation Area' 'traffic and Parking Impacts' 'car Parking Provision' 'lane Widening and Lane Extension' 'loading Dock Management' 'acoustic Impacts' 'conditions of Consent' 'remediation of Land']

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Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da8.2020.24.1 / Principal Judgment; Directions Made Before Final Consent Orders

Legal Issues

  1. 1 ["Whether the proposed Woolworths Metro supermarket and café development should be granted consent despite the Council's refusal." 'Whether the proposed works would have an acceptable effect on the Military Road Heritage Conservation Area under cl 5.10 of the Mosman Local Environmental Plan 2015.' 'Whether the proposed car parking provision was adequate for the development and would avoid unacceptable parking demand and traffic impacts.' 'Whether use of Lennon Lane for access, deliveries and pedestrian movement was acceptable given its constrained width and possible future extension.' 'Whether loading dock operations and reversing alarms would cause unacceptable acoustic impacts on nearby residential properties.' 'Whether disputed conditions of consent, including signage, dilapidation reports, loading dock management, café seating, pedestrian easement and land dedication, should be imposed.']

Ratio Decidendi

The development application warranted consent because the heritage impacts on the Military Road Heritage Conservation Area were acceptable subject to final detailed drawings and conditions, the Applicant's traffic and parking evidence was preferred and demonstrated that the proposed car parking provision was sufficient, Lennon Lane could accommodate the low-speed and low-volume traffic with dynamic signage and management measures, acoustic impacts could be managed by conditions including broadband reversing alarms, and disputed conditions could be resolved consistently with the Court's findings.

Court Disposition

The Court was minded to grant consent to the development application, subject to final detailed drawings and resolution of final conditions; directions were made.

Orders

  • ['Within 14 days, the Applicant is to file and serve final architectural plans incorporating matters agreed between the heritage experts at Part A Condition A1, an agreed layout and terminating point at the northern extent of the path near the electrical substation on Gouldsbury Street, and other amendments...