NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hosking Munro Pty Ltd v Mosman Municipal Council [2006] NSWLEC 364
APPLICANT Hosking Munro Pty Ltd PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 10100 of 2006
CORAM: Bly C
KEY ISSUES: Development Application :- Alterations and additions to existing semi detached dwelling, erection of a new two storey dwelling,lot sizes, car parking, open space, solar access, access, streetscape.
LEGISLATION CITED: Mosman Local Environmental Plan 1998
DATES OF HEARING: 6-7/06/2006
EX TEMPORE JUDGMENT DATE : 06/07/2006
APPLICANT Mr A Hudson, solicitor SOLICITORS Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick
JUDGMENT: - 7 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
7 June 2006
10100 of 2006 Hosking Munro Pty Ltd v Mosman Municipal Council
JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.
Introduction 1 This appeal relates to development application No. 8.2005.16.1 which is for alterations and additions to the existing semi-detached dwelling and the erection of a new two storey dwelling at 74 Avenue Road, Mosman. 2 The site comprises Lot 71 in DP1070068. It has a frontage of 7.5 metres to Avenue Road, a rear part frontage to Wolger Road, a depth of around 70 metres and an average gradient of about 5% sloping away from Avenue Road. Existing development in the locality includes apartment buildings, semi-detached dwellings and single storey dwellings. 3 The site was the subject of an earlier development application for subdivision into two lots. That application was refused by the council on the basis of the two lots being too small and because it would not be properly responsive to the objectives of the minimum lot size development standard in Mosman Local Environmental Plan 1998 ("the LEP"). 4 A subsequent appeal to the Court was upheld for similar reasons. Subdivision is not proposed in this present development application.
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