Taylor v Mosman Municipal Council [2007] NSWLEC 86

Land and Environment Court of New South Wales

CITATION : Taylor v Mosman Municipal Council [2007] NSWLEC 86

APPLICANT Carolyn and Charles Taylor PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10048 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- Section 96 modification for retrtospective approval of removal of basement and ground floor slabs and walls and erection of new walls and slabs, consent originally for alterations and additions to an existing dwelling house, question whether substantially the same development under section 96

LEGISLATION CITED: Environmental Planning and Assessment Act

CASES CITED: Thomas v Pittwater Council [2003] NSWLEC 19 ; Edgar Allan Planning Pty Limited v Woollahra Municipal Council [2006] NSWLEC

DATES OF HEARING: 09/05/2005 and 29/11/2006

DATE OF JUDGMENT: 23 February 2007

APPLICANT Mr P Rigg, solicitor SOLICITORS LEGAL REPRESENTATIVES: Deacons

RESPONDENT Mr C Legatt, SC

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

23 February 2007

10048 of 2005 Carolyn and Charles Taylor v Mosman Municipal Council

JUDGMENT

1 This judgment is for an appeal under s 96(6) of the Environmental Planning and Assessment Act ("the Act") against the refusal by Mosman Municipal Council of an application to modify a consent granted by the Court on 29 June 2005.

2 The property is known as 26 Iluka Road, Clifton Gardens and has frontage to Iluka Road of over 16 m with a site area of about 700 sq m. The site adjoins the foreshore reserve to Taylors Bay that has a walkway from Clifton Gardens Reserve through the Sydney Harbour National Park.