NSW Caselaw
Land and Environment Court of New South Wales
CITATION : R J Pearce & Associates Pty Limited v Mosman Municipal Council [2006] NSWLEC 554
APPLICANT R J Pearce & Associates Pty Limited PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 10273 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Building extensions, excessive height/storeys, SEPP 1 Objection, Public interest.
State Environmental Planning Policy No. 1 Draft State Environmental Planning Policy (Application of Development Standards) 2004 LEGISLATION CITED: Mosman Local Enviromental Plan 1999 Mosman Development Control Plan Mosman Notification DCP
CASES CITED: Winten Property Group Ltd v Nth Sydney Council [2000] NSWLEC46; Pyramid Pacific Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 522
DATES OF HEARING: 31/05/06
DATE OF JUDGMENT: 09/04/2006
APPLICANT Ms M-Lynne Taylor (solicitor) of Norman Waterhouse LEGAL REPRESENTATIVES:
RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
4 September 2006
10273 of 2006 R J Pearce & Associates Pty Limited v Mosman Municipal Council
JUDGMENT
Background. 1 This appeal was lodged against councils refusal of a development application for alterations and additions to a dwelling house in Mosman. For the appeal, a number of issues were identified, which can be summarised as follows: + non-compliance with the bulk, scale and height development standards, + amenity, privacy, + public interest.
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