Salmon v Mosman Municipal Council [2022] NSWLEC 1722

Land and Environment Court New South Wales

Medium Neutral Citation: Salmon v Mosman Municipal Council [2022] NSWLEC 1722 Hearing dates: 22-23 November 2022: 2 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application 8.2021.196.1 for alterations and additions to a dwelling house, including the demolition of an existing swimming pool, and the construction of a new swimming pool at 5A Hopetoun Avenue, Mosman is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned except for Exhibits A and B. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling in C4 Environmental Living zone – whether consistent with character – streetscape character - visual privacy – scenic protection area – swimming pool forward of building line Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.2, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 6.1, 6.4, 6.6, 6.7, sch 5 State Environmental Planning Policy (Biodiversity Conservation) 2021, Chs 2, 10, ss 10.09, 10.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Mosman Community Participation Plan 2020 Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Sarah Penelope Salmon (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Hemmings (Applicant) R McCulloch (Solicitor) (Respondent)