Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. COMMISSIONER: Development for the purpose of a dwelling house is proposed on land located on the northern side of Illawarra Street, perched above Sirius Cove in Mosman.

2. To this end, development application 8.2024.205.1 was lodged by the applicant, Nadir Kasto (Kasto) in these proceedings with Mosman Council on 2 October 2024, seeking consent for demolition of the existing structures on the site, and the construction of a new dwelling house and swimming pool.

3. The DA was publicly notified to surrounding residents for a period of 14 days from 22 October 2024 to 5 November 2024 in accordance with the Mosman Community Participation Plan.

4. As the DA was not otherwise determined, Kasto appealed the deemed refusal of the DA by the Council on 5 December 2024 under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

5. The appeal was listed for mandatory conciliation on 18 June 2025, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act).

6. The matter commenced with an onsite view at which the Court, in the company of the parties and their experts, heard oral submissions from the owners or representatives of the following adjoining properties:

1) 6 Illawarra Street, which is located to the east of the subject site.

2) 10 Illawarra Street, which is located to the north of the site, and accessed via an earthen path from Illawarra Street, with vehicular access from Moran Street to the north.

3) 12 Illawarra Street, which is located to the west of the subject site, elevated due to the rising topography.

7. The Court was also taken into the property at 14 Illawarra Street, to stand on a south-facing deck to appreciate the view currently enjoyed from this site.

8. Following the onsite view, I presided at the conciliation conference that convened at Court. During the conciliation, the parties agreed to certain amendments that would resolve the issues in dispute, subject to a short adjournment to prepare amended plans and other documents.

9. I granted the adjournment and, on the second day of proceedings, and on the basis of the amended plans and agreed conditions of consent, the parties reached agreement as to the terms of a decision in the proceedings that was acceptable to the parties. To this end, the Council approved the amending of the application by the Applicant, in accordance with s 38 of Environmental Planning and Assessment Regulation 2021 (EPA Regulation).

10. A signed agreement prepared in accordance with s 34(10) of the LEC Act was submitted to the Court on 19 June 2025, and a corrected and complete agreement was subsequently submitted on 23 June 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a94f799f83ad03e2cbbfc)

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