McAssey v Mosman Council [2007] NSWLEC 226

Land and Environment Court of New South Wales

CITATION : McAssey v Mosman Council [2007] NSWLEC 226

Applicant: Brendan McAssey PARTIES : Respondent: Mosman Municipal Council

FILE NUMBER(S) : 11173 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- compliance with planning controls

DATES OF HEARING: 23/04/2007

DATE OF JUDGMENT: 27 April 2007

Applicant: LEGAL REPRESENTATIVES: Mr M Baird, barrister Respondent: Ms J Hewitt, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

27 April 2007

11173 of 2006 Brendan McAssey v Mosman Municipal Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Mosman Municipal Council (the council) of a development application to demolish the existing house and construct a new house on lot 5 DP 12851, known as 9A Ryan Avenue, Mosman.

The site 2 The site is 633m2 in area. It is in an area of detached houses and in a Foreshore Protection Zone. As usual for prestigious areas, the older houses are modest, while the new ones squeeze as much development on the site as permissible.

The proposal and its history 3 The application was changed significantly during the hearing, by setting back the top floor from the street, thus reducing the floor space and the number of storeys. The amended application is a two-storey building of modern design, with a roof shape that is partly flat and partly a 'stack' or 'funnel' acting to ventilate and capture sunlight to the building. 4 The applicant lodged the application in September 2006. It lodged the appeal against deemed refusal in December 2006.