FABCOT PTY LTD v Mosman Municipal Council (No 2) [2021] NSWLEC 1730

FABCOT PTY LTD v Mosman Municipal Council (No 2) [2021] NSWLEC 1730

As the parties complied with the directions of the preliminary judgment and submitted amended plans and conditions consistent with the findings, it is appropriate to make orders granting development consent pursuant to s 4.16 of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: FABCOT PTY LTD; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
01 December 2021
Procedural Posture
Development Application Appeal / Orders Following Preliminary Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Heritage Conservation, Traffic and Parking Impact, Acoustic Assessment
Planning Law Environmental Law Development Application Heritage Conservation Traffic and Parking Impact Acoustic Assessment

Case Brief

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Parties

FABCOT PTY LTD

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Orders Following Preliminary Judgment

Legal Issues

  1. 1 Whether development consent should be granted for the proposed development at 731-741 Military Road, Mosman
  2. 2 Compliance with Environmental Planning and Assessment Act 1979, s 4.16
  3. 3 Adequacy of amended plans and agreed conditions of consent

Ratio Decidendi

As the parties complied with the directions of the preliminary judgment and submitted amended plans and conditions consistent with the findings, it is appropriate to make orders granting development consent pursuant to s 4.16 of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted for Development Application DA8.2020.24.1 for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park,...