Brindisi v Mosman Municipal Council [2025] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Brindisi v Mosman Municipal Council [2025] NSWLEC 1063 Hearing dates: 21-22 January 2025 Date of orders: 07 February 2025 Decision date: 07 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent number 008.2019.69.1 is modified in the terms in Annexure A. (3) Development consent number 008.2019.69.1 as modified by the Court is Annexure B. (4) The exhibits are returned, except for 1, 4, A, B, C. Catchwords: MODIFICATION APPLICATION – alterations and additions – visual bulk – streetscape impacts – awnings Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.53, 4.55, 8.7 Land and Environment Court Act 1979, ss 34AA, 39 Mosman Local Environmental Plan 2012, cl 6.6 Texts Cited: Mosman Development Control Plan 2012 Category: Principal judgment Parties: Rino Brindisi (First Applicant) Linda Brindisi (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: C Koikas (Applicants) R McCulloch (Solicitor) (Respondent)

Solicitors: Baron and Associates (Applicants) Pikes & Verekers Lawyers (Respondent) File Number(s): 2024/296298 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: This appeal is about the visual impacts of modifications to a large dwelling house that already exceeds the built form controls. 2. The Applicants, Rino and Linda Brindisi (Brindisi) have appealed pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against Mosman Municipal Council's (Council) refusal of modification application number 008.2019.69.3 (MA). The modification application seeks to modify DA 008.2019.69.1 (DA) for alterations and additions to the existing dwelling house at 4 Fairfax Road, Mosman as follows: * Deletion of part of the enclosed entrance (reduction of gross floor area (GFA) by approximately 3.5m2). * Increase in bedroom size for two bedrooms on the first floor by 0.6m or approximately 3.5m2. * Deletion of approved driveway pergola and replacement with a concrete awning with green roof and void cut outs. * New awning curving from the east of the dwelling along the northern elevation to join the proposed driveway awning with green roof and void cut outs. 1. The appeal is a Class 1 residential appeal and in accordance with s 34AA of the Land and Environment Court Act 1979 (LEC Act), commenced as a conciliation conference. Agreement could not be reached between the parties to resolve the issues and the conciliation conference was terminated. The hearing commenced immediately. The parties agreed for the evidence from the site viewing to be considered in the hearing. 2. For the reasons set out, I find that the proposed modifications do not unreasonably increase the visual bulk of the dwelling and should be granted.