Zobon Australia Pty Ltd v Mosman Council [2020] NSWLEC 1627

Land and Environment Court New South Wales

Medium Neutral Citation: Zobon Australia Pty Ltd v Mosman Council [2020] NSWLEC 1627 Hearing dates: 19-20 November 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 8/2019/77/1 for the substantial demolition of the existing dwelling, construction of a new 4 storey dwelling, swimming pool and double garage, at 5 Morella Road, Mosman, is refused. (3) The exhibits, other than Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION — alterations and additions to an existing building – local heritage item – existing dwelling is in ruinous condition – impact on the heritage significance of the local heritage item – exceedance of the height of buildings development standard – exceedance of the floor space ratio development standard – the temporary roof over the existing dwelling installed for weather protection is not part of the building for the purpose of the assessment of the proposed development Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Helou v Strathfield Municipal Council (2016) 144 LGERA 322; [2006] NSWLEC 66 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Australia International Council on Monuments and Sites, The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance (2013) Mosman Residential Development Control Plan 2012 NSW Heritage Office, Assessing heritage significance, (July 2001) Category: Principal judgment Parties: Zobon Australia Pty Limited (Applicant) Mosman Council (Respondent) Representation: Counsel: M Wright SC (Applicant) R McCulloch (Solicitor) (Respondent)