Graham v Mosman Municipal Council [2005] NSWLEC 147

Land and Environment Court of New South Wales

CITATION : Graham v Mosman Municipal Council [2005] NSWLEC 147

APPLICANT John Richard Graham trading as John Graham & Associates

PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 11124 of 2004

CORAM: Nott C

KEY ISSUES: Development Application :- Multiple-dwelling development comprising 3 dwellings - council agrees to grant development consent - consideration of planning controls and amenity of neighbours

DATES OF HEARING: 05/04/2005 EX TEMPORE JUDGMENT DATE : 04/05/2005

APPLICANT Mr G Newport, barrister Instructed by Smyth Planning LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

5 April 2005

11124 of 2004 John Richard Graham trading as John Graham & Associates v Mosman Municipal Council

JUDGMENT 1. This is an appeal against the council's refusal of a development application to erect a multiple dwelling development at 10 Parriwi Road, Mosman. 2. The parties have requested the Court to make orders by consent granting development consent subject to conditions. 3. I accept the facts set out in the Statement of Basic Facts prepared by Mr C McFadzean, manager development services. 4. I also accept the recommendations of the Court-appointed expert Mr M Robinson, who is an architect, town planner and heritage specialist, for the reasons given in his report. 5. I inspected the subject land and the adjoining properties at Nos. 8 and 12 and have taken into account the objections from the neighbours. 6. I note that in respect of an earlier version of the plans, issue E, the Council's Development Assessment Committee had recommended the granting of development consent. Mr Robinson's report deals with amended plans which are an improvement on issue E. 7. Accordingly, the orders of the Court are by consent that: 1. The appeal is upheld.