Taylor v Mosman Council [2005] NSWLEC 233

Land and Environment Court of New South Wales

Taylor v Mosman Council [2005] NSWLEC 233 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Charles Taylor PARTIES : Respondent: Mosman Municipal Council

FILE NUMBER(S) : 10048 of 2005

CORAM: Roseth SC

Development Application :- on-site hearing KEY ISSUES: preservation of public views

DATES OF HEARING: 09/05/2005 EX TEMPORE JUDGMENT DATE : 05/09/2005

Applicant: Mr J Bingham, solicitor of Deacons LEGAL REPRESENTATIVES: Respondent Ms J Walsh, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

9 May 2005

10048 of 2005 Charles Taylor v Mosman Municipal Council

JUDGMENT The consequence of the Court's decision in this appeal will be the grant of development consent subject to detailed conditions. The orders will be made when the applicant prepares an amended set of drawings incorporating the changes required by the Court's decision. The conditions will then be available for inspection at the Council. A copy the Court's Orders and conditions will be obtainable from the Court's registry on payment of a fee. For details of the fee payable and process for obtaining a copy of the Orders and conditions see the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Senior Commissioner: This is an appeal against the deemed refusal by Mosman Municipal Council (the council) of an application to alter and extend the existing house on lot 12 DP 2395, known as 26 Iluka Road, Clifton Gardens. The parties are in dispute only on two matters, namely: · Whether the parking structure should be a garage or a carport; and · Whether the height of the ridge should be lowered by 500mm.