NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ting v Mosman Municipal Council [2008] NSWLEC 1534
APPLICANT Dr J and Mrs A Ting PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 10847 of 2008
CORAM: Murrell C
KEY ISSUES: Section 96 Modification :- extension of balcony; impact on views and from adjoining heritage item reasonableness and necessity for wide balcony serving bedrooms.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Mosman Local Environmental Plan 1998 Mosman Residential Development Control Plan 2004
DATES OF HEARING: 25 September 2009
EX TEMPORE JUDGMENT DATE : 25 September 2008
APPLICANT Mr G Newport (barrister) SOLICITORS Dixon Holmes du Pont
LEGAL REPRESENTATIVES:
RESPONDENT Ms J Hewitt (solicitor) SOLICITOR HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
25 September 2008
10847 of 2008 Dr J and Mrs A Ting v Mosman Municipal Council
JUDGMENT 1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 against Mosman Councils' refusal of a modification application.
2 The history of the proposal needs to be considered in the context of two development applications and various modifications, which need to be made to those two development approvals. It is noted there have been a number of changes over the years to the property with alterations and additions to the property at 33 Raglan Street, Mosman.
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