IPM Pty Ltd v Mosman Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: IPM Pty Ltd v Mosman Municipal Council [2014] NSWLEC 1141 Hearing dates:17-19 and 26 March 2014. Conditions, submissions on conditions in dispute and Plan of Management filed 2 April 2014Decision date: 16 July 2014 Jurisdiction:Class 1Before: Tuor C Decision: 1. Appeal is dismissed.2. The development application for the reconfiguration of the ground level from the approved three retail tenancies into two retail tenancies and the fit out and use of one tenancy for retail liquor premises (Dan Murphy's) and associated signage at 710 Military Road, Mosman, is refused.3. The exhibits, except Exhibits 1, A and B, may be returned. Catchwords: DEVELOPMENT APPLICATION - reconfigure retail tenancies for use as a liquor store. Parking demand, traffic generation, impact on laneways and residential amenity from noise and traffic. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Mosman Local Environmental Plan 2012 Cases Cited: FKP Funds Management Pty Ltd v Mosman Council [2011] NSWLEC 1000 Seaside Property Developments Pty Limited v Wyong Shire Council [2004] NSWLEC117 Category:Principal judgmentParties: IPM Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Mr C McEwen SC (Applicant) Mr M Staunton, barrister (Respondent) Henry Davis York (Applicant) Pikes and Verekers (Respondent) File Number(s):10528 of 2013 JudgmentThis is an appeal against the refusal by Mosman Municipal Council (council) of development application 8.2012.114.1 (the Application) for the reconfiguration of the ground level from the approved...