Conomos v Mosman Municipal Council [2004] NSWLEC 586

Land and Environment Court of New South Wales

CITATION : Conomos v Mosman Municipal Council [2004] NSWLEC 586 APPLICANT George Conomos PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 10854 of 2004 CORAM: Tuor C. Development Consent :- construct a dwelling house KEY ISSUES: conditions of approval view loss Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Mosman Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 19/10/2004 EX TEMPORE 10/20/2004 JUDGMENT DATE :

APPLICANT Mr C McEwen, SC

Solicitors Verekers LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, Barrister

Solicitors Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

20 October 2004

10854 of 2004 Conomos v Mosman Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against conditions 2, 3 and 6 of the development consent to demolish an existing house and construct a two storey house and swimming pool at 33 Stanley Avenue, Balmoral. The consent was granted by Mosman Municipal Council (the council) on 23 July 2004. 2 The conditions state: 2. In order to protect views from overlooking properties the building roof height must be lowered by 500 mm to not higher than RL 70.2. Amended plans are to be provided with the construction certificate. 3. In order to prevent future landscaping from obscuring existing views from overlooking properties selected tree species are to be used that would not grow to heights greater than RL 70.0. Amended landscaping plans are to be provided with the construction certificate detailing the revised planting regime. 3 At the hearing the applicant agreed not to dispute the imposition of condition 6, which related to the submission of a long section of the driveway. I will therefore not discuss this condition any further. The council agreed to amend Condition 2 to reduce the height by 250mm instead of the 500mm required by the condition. However, the applicant did not agree that the height of the proposal should be reduced. The parties agreed that condition 1 needed to be amended to reflect the drawing numbers to be approved. The site and its context 4 The site is located at the northern end of the Stanley Avenue cul-de-sac. It is regular in shape with an area 525 square metres. The land slopes from west to east about 5.4 metres. Surrounding development consists of single detached houses and a public reserve to the north. The site, and land in the vicinity of the site, falls to the east towards Middle Harbour. 5 An earlier application was refused by Commissioner Murrell on 14 November 2000 (Appeal No 10971 of 2003). While I had the benefit of the judgement I was not provided with the details of this application but note that it involved State Environmental Planning Policy 1 objections to height, whereas this application does not.