Banjanin v Mosman Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Banjanin v Mosman Council [2016] NSWLEC 1332 Hearing dates:4-5 May and 11 August, 2016Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. Leave is granted to the applicant to rely on the amended plans, listed at condition 1 of Annexure ‘A’.2. The applicant shall pay the respondent’s costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.3. The appeal is upheld.4. Consent is granted to development application 8.2015.117.1 for the construction of a pair of semi-detached dwellings, to be held under strata title, subject to the conditions of consent at Annexure ‘A’.5. The exhibits, other than exhibits 1, 13, D, E F and G, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a pair of two storey semi-detached dwellings; impact on heritage significance of the adjoining heritage item; impact on streetscape, local character and significance of heritage conservation area; front setback. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Fast Buck$ v Byron Shire Council (1999) 103 LGERA 94 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category:Principal judgmentParties: George and Dragana Banjanin (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr M. Staunton barrister (Applicant) Ms A. Hemmings barrister (Respondent)   Solicitors: Bartier Perry (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):2016/152968 (formerly 11005 of 2015)Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97...