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Class 1 — Merit appeal Mosman Municipal Council 29 October 2026

Mackenzie Architects International Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1720

Before: Horton C · NSW Land and Environment Court

Views / View SharingDensity / Bulk & ScaleCharacter / StreetscapePrivacyOvershadowing / SolarTraffic / ParkingDemolition

Summary

This appeal relates to a site in the vicinity of the Avenue Road shops in Mosman, close to the intersection of Avenue Road and Canrobert Street where a residential flat building is proposed at 89-91 Avenue Road (site). The development proposed by development application no DA.8.2025.188.1 is for the demolition of existing structures on the site, excavation and construction of a four- and five-storey residential flat building containing eight units with basement car parking and associated landsca

Catchwords

DEVELOPMENT APPLICATION — residential flat building in R3 Medium Density Residential zone — whether site is within 800m of town centre — whether compliance with a development standard is unreasonable or unnecessary

Outcome

The Court orders that: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of amendments to the development application in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (2) The appeal is dismissed. (3) Development application no DA.8.2025.188.1 for the demolition of existing structures on the site, excavation and construction of a four- and five-storey residential flat building containing eight units with basement car parking and associated landscaping on a site comprising two lots legally described as Lot 2 in DP 802491 and Lot A in DP 106050 is refused. (4) All exhibits are returned except for Exhibits A, B, F and 7.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 1.3, 8.7, 8.15   Environmental Planning and Assessment Regulation 2021 (NSW), ss 29, 35B, 38 Mosman Local Environmental Plan 2012, cll 1.2, 4.3, 4.3A, 4.6 Road Rules 2014 (NSW) State Environmental Planning Policy (Housing) 2021, ss 3, 148, 163, 176, 180, Chs 2, 3, 4, 5, 6, 7, Pt 5

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