McKay v Mosman Municipal Council [2005] NSWLEC 468

Land and Environment Court of New South Wales

CITATION : McKay v Mosman Municipal Council [2005] NSWLEC 468

APPLICANT McKay PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10319 of 2005

Development Application :- alteration and additions to an existing semi impact of setbacks and form on adjoining semi and conservation area KEY ISSUES: impact on privacy

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Mosman Local Environmental Plan 1998

CASES CITED: Galea v Marrickville Council [2005] NSWLEC 113

DATES OF HEARING: 26/07/2005

DATE OF JUDGMENT: 08/31/2005

APPLICANT Mr G Newport, Barrister SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES:

RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

31 August 2005

10319 of 2005 Makay v Mosman Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Mosman Municipal Council (the council) of a development application (8.2003.321.1) for alterations and additions to an existing house at 28 Shadforth Street, Mosman (the site). The site and its context 2 The site is rectangular in shape with a frontage of 6.96m to Shadforth Street, a depth of about 54.73m and an area of 290.6sqm. It also has a rear frontage of 6.0m to Somerset Street. The site has a single storey semi detached house which adjoins a semi to the north at 28A Shadforth Street. A two storey house, 26 Shadforth Street, adjoins the site to the south. 3 The character of the surrounding area is a mixture of one and two storey houses with some residential flat buildings of different architectural styles and periods. The majority are detached houses on larger sites in landscaped settings.