Innovac Dyer Pty Limited v Mosman Council [2003] NSWLEC 7

> Land and Environment Court of New South Wales

CITATION : Innovac Dyer Pty Limited v Mosman Council [2003] NSWLEC 7 APPLICANT Innovac Dyer Pty Limited PARTIES : RESPONDENT Mosman Council FILE NUMBER(S) : 0341 of 2002 CORAM: Cowdroy J KEY ISSUES: Development Application :- refusal by council - appeal upheld Home Building Act 1989 Local Government Act 1993, Ordinance 4 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No. 1 Mosman Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 16/12/2002, 17/12/2002 DATE OF JUDGMENT: 02/04/2003

APPLICANT Susan Hill (Solicitor)

RESPONDENT LEGAL REPRESENTATIVES: Julie Walsh (Solicitor)

SOLICITORS Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES (1)0341 of 2002

Cowdroy J

4 February 2003 INNOVAC DYER PTY LIMITED Applicant v MOSMAN COUNCIL Respondent Judgment

Facts 1 By application class 1 filed on 4 July 2002 the applicant challenges the deemed refusal by Mosman Council ("the council") of application 8.2001.316.1 (the "application") lodged with the council on 7 September 2001 for the development of land having a frontage to and known as No. 6 Central Avenue Mosman ("the land"). Subsequent to the lodgement of this appeal, the council refused the application. 2 The application sought consent of council for the demolition of an existing derelict dwelling on the land and the erection of a new two storey flat roofed dwelling with basement car parking in its place. The dwelling would contain a basement area for the parking of two vehicles and turning area beneath the dwelling. The ground floor would contain living room, dining room, study, breakfast room, kitchen, bathroom, laundry and stairs providing access to the basement and first floor. The first floor would be fixed at RL25.425 and would contain four bedrooms, a void space, a bathroom, ensuite and walk-in wardrobe and three terraced areas. The total gross floor area is 302 m2.