Glen and Patricia Croxson v Mosman Municipal Council [2003] NSWLEC 400

> Land and Environment Court of New South Wales

CITATION : Glen and Patricia Croxson v Mosman Municipal Council [2003] NSWLEC 400 APPLICANT Glen and Patricia Croxson PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 11075 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- Extensions and alterations to a house - large garage with extra facilities - proposal on a heritage listed laneway

Mosman LEP 1998 LEGISLATION CITED: Mosman Development Control Plan Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 05/12/2003 DATE OF JUDGMENT: 12/08/2003

APPLICANT Mr. G. McKee, solicitor of McKees

LEGAL REPRESENTATIVES: RESPONDENT Ms. J. Walsh, solicitor of Pike Pike & Fenwick

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

11075 of 2003 Hoffman C 8 December 2003 Glen and Patricia Croxson Applicant v Mosman Municipal Council Respondent Judgment

1. This was a class 1 appeal number 11075 of 2003 between Mosman Council and Glen and Patricia Croxson about extensions and alterations to their home at 43 Prince Albert Street Mosman.

2. The works included the extension of a rear family room to provide a dinette facing the rear yard; the removal of an existing swimming pool and its replacement with another pool and a spa pool towards the rear of the yard; the removal of an existing garage and its replacement adjacent to the rear laneway called Prince Lane with a much larger garage still housing only two cars but having a basement wine cellar, a bar and external pergola area, toilet and shower rooms, storeroom and an upstairs attic room. There were various landscape and terrace works to the backyard including substantial excavation to accommodate the terracing.