Beligiorno v Mosman Municipal Council [2004] NSWLEC 577

Land and Environment Court of New South Wales

CITATION : Beligiorno v Mosman Municipal Council [2004] NSWLEC 577 revised - 24/01/2005 PARTIES : Beligiorno v Mosman Municipal Council FILE NUMBER(S) : 11061 of 2004 CORAM: Murrell C KEY ISSUES: Appeal :- Section 96 application to modify consent - Costs in proceedings LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land Environment Court Act 1979 CASES CITED: RCM Constructions Pty Ltd v Ryde City Council 2 2004 NSWLEC 361; Gales Holdings Pty Ltd v Tweed Council No. 2 2004 NSWLEC 351 DATES OF HEARING: 06-07/10/2004 EX TEMPORE 10/07/2004 JUDGMENT DATE :

APPLICANT Mr M Fraser, barrister SOLICITORS Church and Grace LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

7 October 2004

11061 of 2004 Guido and Michelle Beligiorno-Nettis v Mosman Municipal Council

JUDGMENT - EXTEMPORE 1 This matter has come before me as consent orders. A s 96 application (under the Environmental Planning and Assessment Act) to modify the consent granted by Mosman Municipal Council in December 2003 was refused by council on 19 July 2004. The statement of basic facts prepared by the council officer states that the proposal for modification includes: · The addition of a balcony to the northern side of the study. · An alternate larger lift design and consequent relocation of walls. · Glazed panel to the northern wall to the lift on level three. · Internal realignment of selected walls. · Stairwell shifted to the east. · Deletion of the approved gymnasium to accommodate the larger lift. · Relocation of the bathroom and a larger study. · Alternate coat of metal materials and opening mechanisms to the foreshore window screens. · Minor changes to guttering and roofing to improve drainage. 2 The plans for modification were prepared by Jahn Associates Architects and are drawing Nos. s96 01; 02; 03; 04 and 05; all issue A. The modifications proposed are clearly shown on the plans with the original DA shown in red, and the new work proposed as part of the s 96 application shown by heavy black line. The s 96 application was accompanied a Modified Statement of Environmental Effects of April containing the amendments sought to the original development application determined by the council.