HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243

HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243

The proposal's exclusion of breezeway corridors from calculation of GFA complies with the LEP 2012 definition, so the FSR standard is met. The contravention of the height of buildings standard is justified under cl 4.6, as the objectives are satisfied and environmental planning grounds exist, specifically, retention of heritage features and provision of residential development. The proposal is consistent with urban design and heritage objectives, and consent is granted subject to conditions.

Parties
Applicant: HPG Mosman Projects Pty Ltd; Applicant: COP Project Mosman Pty Ltd; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Final Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Shop Top Housing, Gross Floor Area Calculation, Height of Buildings Development Standard, Floor Space Ratio, Urban Design, Heritage Conservation
Planning and Environment Development Application Shop Top Housing Gross Floor Area Calculation Height of Buildings Development Standard Floor Space Ratio Urban Design Heritage Conservation

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Parties

HPG Mosman Projects Pty Ltd

Applicant

COP Project Mosman Pty Ltd

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Class 1 Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Final Judgment

Legal Issues

  1. 1 Whether the calculation of gross floor area complies with the definition under Mosman Local Environmental Plan 2012.
  2. 2 Whether the contravention of the height of buildings development standard is justified.
  3. 3 Whether the proposal is consistent with urban design and heritage conservation requirements.

Ratio Decidendi

The proposal's exclusion of breezeway corridors from calculation of GFA complies with the LEP 2012 definition, so the FSR standard is met. The contravention of the height of buildings standard is justified under cl 4.6, as the objectives are satisfied and environmental planning grounds exist, specifically, retention of heritage features and provision of residential development. The proposal is consistent with urban design and heritage objectives, and consent is granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • Applicants granted leave to amend application to rely on Exhibit A.
  • Appeal upheld.