De Saxe v Mosman Municipal Council [2020] NSWLEC 1512

De Saxe v Mosman Municipal Council [2020] NSWLEC 1512

The Court upheld the appeal and granted development consent for the construction of an in-ground swimming pool and landscaping at 10 Waitovu Street, Mosman, as agreed between the parties at a conciliation conference, being satisfied that jurisdictional prerequisites were met and the parties’ agreement was a decision lawfully available to the Court.

Parties
Applicant: Marshal de Saxe; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
26 October 2020
Procedural Posture
Development Application Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Consent, Development Application, Conciliation Conference, Local Environmental Plan, Landscaping, Swimming Pool
Planning and Environment Law Development Consent Development Application Conciliation Conference Local Environmental Plan Landscaping Swimming Pool

Case Brief

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Parties

Marshal de Saxe

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for construction of an in-ground swimming pool and landscaping
  2. 2 Whether departures from landscaped area and pool setbacks requirements are reasonable
  3. 3 Whether jurisdictional prerequisites under s 4.16 of the Environmental Planning and Assessment Act 1979 are satisfied

Ratio Decidendi

The Court upheld the appeal and granted development consent for the construction of an in-ground swimming pool and landscaping at 10 Waitovu Street, Mosman, as agreed between the parties at a conciliation conference, being satisfied that jurisdictional prerequisites were met and the parties’ agreement was a decision lawfully available to the Court.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The Applicant is granted leave to amend development application 8.2019.81.1 to rely on the amended architectural and landscape plans referred to in the table to condition 1 in Annexure 'A'.
  • The appeal is upheld.