Folder v Mosman Council [2026] NSWLEC 1645
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No 8.2025.297.1 for alterations and additions to the existing dwelling (the proposal), at 46 Parriwi Road, Mosman (Lot 3 in DP 17697) (the site), by Mosman Council (the Council). The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was
Catchwords
DEVELOPMENT APPLICATION – alterations and additions to a local heritage item – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 8.2025.297.1 for alterations and additions to the existing dwelling, at 46 Parriwi Road, Mosman, is determined by the grant of consent, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Mosman Local Environmental Plan 2012, Sch 5, cll 4.3, 4.3A, 4.6, 5.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
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