Hazouri v Mosman Municipal Council [2021] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Hazouri v Mosman Municipal Council [2021] NSWLEC 1196 Hearing dates: 24-26 March 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Mosman Local Environmental Plan 2012, prepared by Boston Blyth Fleming and dated 25 March 2021, is upheld. (2) The written request seeking to justify the contravention of the wall height development standard at cl 4.3A of Mosman Local Environmental Plan 2012, prepared by Boston Blyth Fleming and dated 25 March 2021, is upheld. (3) Development application No. 8.2020.164.1 for the demolition of a dwelling house and ancillary structures, tree removal, construction of a new dwelling house, double garage, swimming pool, and landscaping works is approved subject to the conditions included at Annexure A. (4) The Exhibits are returned with the exception of Exhibits 1, E-G and L-O. Catchwords: DEVELOPMENT APPLICATION – dwelling house – building height contravention – wall height contravention – view sharing – view chasing – sufficient environmental planning grounds – visual privacy – visual impact – landscape treatment Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.7 Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012, cll 1.2, 4.3, 4.3A, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009 Waverley Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Jacobs v Waverley Council [2019] NSWLEC 1232 Moskovich v Waverley Council [2016] NSWLEC 1015 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: Raymond Hazouri (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) R McCulloch (Solicitor) (Respondent)