John Sheridan v Mosman Municipal Council [2004] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : John Sheridan v Mosman Municipal Council [2004] NSWLEC 78 APPLICANT John Sheridan PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 11214 of 2003 CORAM: Brown C Development Application :- demolition of existing buildings SEPP 1 objection floor space ratio bulk KEY ISSUES: character of the area solar access visual and acoustic privacy storage facilities heritage Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No.65 State Environmental Planning Policy No. 1 CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 DATES OF HEARING: 03/03/04, 04/03/04 DATE OF JUDGMENT: 03/11/2004

APPLICANT Mr B Hones, solicitor of Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Hawkes of Pike, Pike and Fenwick

JUDGMENT:

Appeal No: 11214 of 2003

14 of 14 1 of 2 IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11214 of 2003

Brown C

11 March 2004 John Sheridan Applicant

v Mosman Municipal Council Respondent

Judgment

Introduction 1. This is an appeal originally against the deemed refusal but later refusal by Mosman Municipal Council (the council) of Development Application No. 8.2003.079.1 for the demolition of three existing dwellings and erection of a residential flat building at 88-92 Spit Road, Mosman (the subject site).