Chambers v Mosman MC [2005] NSWLEC 612

Land and Environment Court of New South Wales

CITATION : Chambers v Mosman MC [2005] NSWLEC 612

APPLICANT Joanne and Peter Chambers

PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10560 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- Height of a fence - Streetscape - Public Views - Landscaping -

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Mosman Residential Control Plan 1998 Mosman Environmental Plan 1998

DATES OF HEARING: 27/10/2005 EX TEMPORE JUDGMENT DATE : 10/27/2005

APPLICANT Ms S. Hill, solicitor of Susan Hill Solicitors

LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

27 October 2005

10560 of 2005 Joanne and Peter Chambers v Mosman Council

JUDGMENT 1 This is a Class 1 appeal No. 10560 of 2005 between Joanne and Peter Chambers and Mosman Council in regard to conditions 2 and 3 of consent No. 8.2004.186.1 in regard to the design of street boundary fences at No. 15 Cyprian Street, Mosman.

2 It is a corner lot with a 35.24 m frontage to Parriwi Road and 14.12 m to Cyprian Street with a splay at the corner itself.

3 The house onsite is quite old but had been renovated under consent No. 8.1999.135.1. In that consent the Cyprian Street front setback was shown as street front lawn and garden. As seen at the time of this appeal, a raised concrete and masonry terrace had been constructed in the front garden with an outdoor table setting on it.