Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Before: Miller AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No 8.2025.208.1 for the demolition of 2 dwelling houses and associated structures and construction of an 8-storey residential flat building comprising 14 apartments (including 3 affordable housing units) over 3 levels of basement parking on land known as 48-50 Almora Street, Mosman (Lot 1 DP 974166 and Lot 3 DP 1350) (th
Catchwords
APPEAL — development application — residential flat building — low and mid rise housing inner area — affordable housing — desired future character — public and private view impacts — heritage impact
Outcome
The Court orders: (1) The appeal is dismissed. (2) Development application No 8.2025.208.1 for the demolition of 2 dwelling houses and associated structures and construction of an 8-storey residential flat building comprising 14 apartments (including 3 affordable housing units) over 3 levels of basement parking on land known as 48-50 Almora Street, Mosman (Lot 1 DP 974166 and Lot 3 DP 1350) is refused. (3) The Exhibits, other than Exhibits 1, A, B and C are returned.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.46, 8.7 Water Management Act 2000 (NSW), s 91 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 5.10 State Environmental Planning Policy (Housing) 2021, Ch 2, ss 16, 18, 20, Ch 4, s 147, Ch 6, ss 163, 180, Sch 9
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