Metis Developments Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1610
Before: Targett C · NSW Land and Environment Court
Summary
the proposal involves construction dewatering and requires a water supply work approval under the WM Act; and Ausgrid, being the electricity supply authority for the Subject Land, in accordance with (then) s 2.48 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (TI SEPP) as the proposal involves development to be carried out within five metres of overhead powerlines. Ausgrid provided a letter (undated) confirming that it consents to the proposed development s
Catchwords
DEVELOPMENT APPLICATION — demolition of existing structures and construction of a residential flat building — Chapter 6 Housing SEPP — low and mid rise housing — whether in inner or outer area — walking distance
Outcome
The Court orders that: (1) The applicant is to pay the respondent’s costs thrown away as a result of the amendments to the Development Application during the hearing pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in an amount as agreed or assessed. (2) The appeal is dismissed. (3) Development Application No. 8.2025.117.1, as amended, seeking consent for lot amalgamation, demolition of existing structures and the construction of a part 6, part 7 storey residential flat building comprising 29 dwellings over two levels of basement parking on land at 93-101A Awaba Street, Mosman, is refused.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.10, 8.11, 8.14, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34, 39 Water Management Act 2000 (NSW), s 90 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Housing) 2021, Sch 10, Chs 4, 6, Pts 1, 4, Div 2, ss 8, 142, 143, 144, 145, 147, 148, 149, 162, 163, 164, 165, 174, 175, 176, 177, 178, 179, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~58k words
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