Ahearne v Mosman Municipal Council [2023] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Ahearne v Mosman Municipal Council [2023] NSWLEC 1013 Hearing dates: 20 and 21 September 2022 Date of orders: 12 January 2023 Decision date: 12 January 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no 8.2022.98.1 seeking development consent for alterations and additions to a dwelling house (the Proposed Development) at 43 Mandolong Road Mosman, legally described as Lot 1 in Deposited Plan 117082 is determined by granting consent to the application subject to the conditions in Annexure A). (3) All Exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions – floor space ratio development standard – view sharing – landscaping - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A, 4.6, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Initial Action Pty Ltd v Woollahra Municipal Council (2008) 236 LGERA 256; [2018] NSWLEC 118 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Tenacity Consulting v Warringah [2004] NSWLEC 140 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Planning Circular PS20-002 Category: Principal judgment Parties: Paul Ahearne (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)