NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nicholas v Mosman Municipal Council [2010] NSWLEC 1373
PARTIES : Louise Nicholas (Applicant) Mosman Municipal Council (Respondent)
FILE NUMBER(S) : 10516 of 2010
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- APPEAL alterations and additions to dwelling: privacy impacts on adjoining properties; and impacts on streetscape of car parking space in front setback area.
LEGISLATION CITED: State Environmental Planning Policy No 1 Mosman Local Environmental Plan 1998
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 1 & 2 November 2010
EX TEMPORE JUDGMENT DATE : 2 November 2010
LEGAL REPRESENTATIVES: Mr J Doyle, Barrister (Applicant) Ms J Walsh, Solicitor (Respondent)
JUDGMENT:
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: The applicant in these proceedings is seeking to carry out a number of alterations and additions to a dwelling house at the property known as 102 Raglan Street, Mosman. The proposal includes providing a hard stand car space in the front of the dwelling with a driveway access from Raglan Street. 2 The contentions outlined in council's Statement of Facts and Contentions are summarised as follows:
1 Inadequate information.
2 Adverse impacts on amenity of adjoining properties.
3 Unsatisfactory alterations to the front of the semi.
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