Lizzio v Mosman Municipal Council [2022] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: Lizzio v Mosman Municipal Council [2022] NSWLEC 1030 Hearing dates: 17-18 January 2022 Date of orders: 25 January 2022 Decision date: 25 January 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 8.2020.122.1 for alterations and additions to an existing dwelling at 19 Dalton Road, Mosman, is refused. (3) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a semi-detached dwelling including first floor addition – insufficient environmental planning grounds for a written request to vary the floor space ratio development standard – contravention of the wall height development standard – proposal does not maintain the traditional scale and character of the existing pair of attached dwellings – impact on the heritage values of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 5.10, 6.6, Sch 5 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Alison Lizzio (First Applicant) David Lizzio (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Hill (Applicant) S Patterson (Solicitor) (Respondent)