Sandclue Pty Ltd v Mosman Municipal Council [1999] NSWLEC 160

Land and Environment Court of New South Wales CITATION: Sandclue Pty Ltd v Mosman Municipal Council [1999] NSWLEC 160

PARTIES APPLICANT Sandclue Pty Ltd

RESPONDENT Mosman Municipal Council

NUMBER: 10194 of 1999

CORAM: Cowdroy J

KEY ISSUES: Development :- Town planning - failure of proposal to comply with zone objectives - detrimental impact upon amenity of adjoining properties and streetscape - limited circumstances in which requirements may be waived

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 08/02/1999; 08/03/1999; 08/04/1999

DATE OF JUDGMENT DELIVERY: 08/26/1999

APPLICANT Mr P Clay (Barrister)

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr D Miller (Barrister)

SOLICITORS Hill Thompson & Sullivan

JUDGMENT: Introduction

1. In these proceedings a class one application filed on 18 March 1999 was made by Sandclue Pty Ltd ("the applicant") to the Court pursuant to s 97 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") against the deemed refusal by the respondent ("the council") of development application no 803 ("the development application"). The development application lodged with the council on 17 December 1998 sought approval for the demolition of an existing dwelling at 2 Burton Street Mosman ("the site") and the construction of a new four bedroom residence with swimming pool and two car garage ("the proposal" or "proposed development").