Developer loses $44m tower fight over 23-metre boundary dispute
A $44m housing project was rejected because the site was 23 metres beyond the required 400-metre walking distance for density rules.
Developer Metis Group wanted to demolish five homes in Mosman to build a six-storey apartment block with 29 units on Awaba Street. The NSW Land and Environment Court rejected the plan after a 15-month legal battle.
The case turned on one question: whether the site was within 400 metres of Spit Junction town centre. Under NSW housing reforms introduced in 2024, sites within 400 metres can build up to six storeys.
Beyond 400 metres, the height limit drops to four storeys. Metis argued the walk to shops was 383 metres along residential streets.
Mosman Council countered that pedestrians would use a safer route with traffic lights, adding 40 metres and bringing the total to 423 metres. The court sided with the council.
- $44 million
- Project value
- 29
- Apartment units proposed
- 5 single and 2 storey
- Homes to demolish
- 23 metres
- Disputed distance difference
Why it mattersIt shows how a small distance can make or break a development's financial viability, and raises questions about how the government's housing reforms will apply across Sydney.
AustraliaThe decision creates uncertainty for developers pursuing housing projects under NSW density reforms, potentially slowing the state's effort to increase housing supply.
Corroborated bytheage.com.au·watoday.com.au
✓ Claims checked against the source. checked 2 h ago
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