NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Leckie v Mosman Municipal Council [2006] NSWLEC 49
APPLICANT Tansin Leckie PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 10948 of 2005
CORAM: Brown C
KEY ISSUES: Development Application :- construction of a plunge pool - noise - streetscape
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Mosman Local Environmental Plan 1998
DATES OF HEARING: 18/11/05, 10/02/06
DATE OF JUDGMENT: 02/17/2006
APPLICANT Mr G Halpin, solicitor SOLICITORS Gregory J Halpin LEGAL REPRESENTATIVES: RESPONDENTS Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
17 February 2006
10948 of 2005 Tansin Leckie v Mosman Municipal Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA No 8.2004.514.1 by Mosman Municipal Council (the council) for the construction of a plunge pool adjoining the deck of an approved, but not yet constructed dwelling at 14 Wolseley Rd. Mosman (the site). The deck is located at the Wolseley Rd. frontage and has significant views to Balmoral and Middle Harbour.
2 The plunge pool is located 2 m from the common boundary with 16 Wolseley St. and has dimensions of 5.8 m x 2.8 m. It is setback on a similar alignment to the deck and ground level garage from the street.
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