Hong v Mosman Municipal Council [2023] NSWLEC 1149

Land and Environment Court New South Wales

Medium Neutral Citation: Hong v Mosman Municipal Council [2023] NSWLEC 1149 Hearing dates: 15 and 16 December 2022 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Court exercising, under s 39(2) of the Land and Environment Court Act 1979, the function of Mosman Municipal Council as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending development application DA 8.2021.172.1 to accord with the plans as listed at Condition 1 to the Draft Conditions of Consent filed on 16 December 2022. (2) The Written Request pursuant to cl 4.6 of Mosman Local Environmental Plan 2012, dated 22 November 2022 and prepared by W Long is upheld. (3) Development application No. 8.2021.172.1 for demolition and construction of a new dwelling house and swimming pool and associated development at 10 Julian Street, Mosman is approved subject to the conditions included at Annexure "A". (4) The Exhibits are returned with the exception of Exhibits 1, A, B, C and D which are retained. Catchwords: DEVELOPMENT APPLICATION – dwelling house – wall height contravention – view sharing – visual privacy Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34AA, 39 Mosman Local Environmental Plan 2012, cll 4.3A, 4.6, 5.14, 5.21, 6.4, 6.7 State Environmental Planning Policy (Coastal Management) 2018, cll 15, 16 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: GFM Investment Group Pty Ltd in its capacity as Trustee for GFM Home Trust Subtrust No. 7 v Inner West Council [2023] NSWLEC 1112 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; Moskovich v Waverley Council [2016] NSWLEC 1015 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Sergio Hong (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)