Needham v Mosman Municipal Council (No. 2) [2021] NSWLEC 1747

Land and Environment Court New South Wales

Medium Neutral Citation: Needham v Mosman Municipal Council (No. 2) [2021] NSWLEC 1747 Hearing dates: 21 and 22 September 2021 Date of orders: 7 December 2021 Decision date: 07 December 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders that: 1) The Applicant's request, pursuant to clause 4.6 of Mosman's Local Environmental Plan 2012, to vary the wall height standard contained in clause 4.3A(4) of Mosman's Local Environmental Plan 2012 of 7.2m to 7.4m and 7.29m respectively is upheld. 2) The Applicant's appeal is upheld. 3) Pursuant to s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 and s 39(2) of the Land and Environment Court Act 1979 consent is granted to Development Application No. 8.2020.193.1 in relation to Lot 4 in Deposited Plan 14200 known as 25 Cabban Street Mosman NSW for the demolition of the existing dwelling and single detached carport, and the construction of a 3 storey dwelling house, double garage, swimming pool and landscaping works, in accordance with the Conditions of Consent in Annexure A. Catchwords: DEVELOPMENT – height controls – cl 4.6 variation – overlooking – amenity - streetscape Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Mosman Local Environmental Plan 2012, cll 4.3A, 4.6 Uniform Civil Procedure Rules 2005, r 36.17 Category: Principal judgment Parties: Christopher Needham (Applicant) Mosman Municipal Council (Respondent) File Number(s): 2021/142608