Zubani v Mosman Municipal Council [2022] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Zubani v Mosman Municipal Council [2022] NSWLEC 1381 Hearing dates: 11-12 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The Applicant's written request dated 12 July 2022 under clause 4.6 of the Mosman Local Environmental Plan 2012 for contravention of the maximum building height development standard imposed by clause 4.3 of the Mosman Local Environmental Plan 2012 is upheld. (2) The Applicant's written request dated 12 July 2022 under clause 4.6 of the Mosman Local Environmental Plan 2012 for contravention of the building wall height development standard imposed by clause 4.3A of the Mosman Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development Application DA 8.2021.136.1 for alterations and additions to an existing dwelling house, including a second floor addition, swimming pool and landscaping works on land at Lot 2 DP 811493, known as 6 Curlew Camp Road, Mosman is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – impact on views – bulk and scale - privacy Legislation Cited: Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 6.4, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: David Zubani (Applicant) Mosman Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)