NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kenstrom Design Pty Limited v Mosman Council [2008] NSWLEC 1428
APPLICANT Kenstrom Design Pty Limited PARTIES : RESPONDENT Mosman Council
FILE NUMBER(S) : 10509 of 2008
CORAM: Moore C
KEY ISSUES: Development Application :- Impact on views
LEGISLATION CITED: State Environmental Planning Policy No 1 Mosman Local Environmental Plan 1998
CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46
DATES OF HEARING: 11 September 2008
EX TEMPORE JUDGMENT DATE : 11 September 2008
APPLICANT Ms H Irish, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Mallesons
RESPONDENT Ms J Hewitt, solicitor HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Moore C
11 September 2008
10509 of 2008 Kenstrom Design Pty Limited v Mosman Council
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONER: The Scott family reside at 8 Redan Street, Mosman – which is to the south-west of 9 Redan Street. The Scott residence is on the high side of the street and 9 Redan Street is somewhat lower. As a consequence of both the topography and the geography, the Scott residence enjoys views across the rooflines of a number of properties, including 9 Redan Street, to various portions of Sydney Harbour and, across the isthmus at Manly between North Head and the other areas of the Manly-Warringah Peninsula, to the sea beyond Manly itself.
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