Altschwager v Mosman Municipal Council [2021] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Altschwager v Mosman Municipal Council [2021] NSWLEC 1165 Hearing dates: 12 February 2021, final submissions 2 March 2021 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application to rely on the plans and documents as listed at Condition 1 of Annexure "A" and the written request pursuant to cl 4.6 of Mosman Local Environmental Plan 2012, dated 21 December 2020 and prepared by Kim Burrell. (2) The written request pursuant to cl 4.6 of Mosman Local Environmental Plan 2012, dated 21 December 2020 and prepared by Kim Burrell is upheld. (3) Development application No. 8.2019.93.1 for the demolition of existing structures, construction of a new dwelling, inground pool and associated landscaping is approved subject to the conditions included at Annexure "A". (4) The Exhibits are returned with the exception of Exhibits 1, B and C. Catchwords: DEVELOPMENT APPLICATION – dwelling house – wall height contravention – view sharing – visual privacy – visual impact – landscape treatment Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Moskovich v Waverley Council [2016] NSWLEC 1015 Tenacity Consulting v Warringah (2004) 134 LGERA 24; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: April Altschwager (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)