NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bevan v Mosman Municipal Council [2008] NSWLEC 1492
APPLICANT Jennifer Ann Bevan PARTIES : RESPOMDENT Mosman Municipal Council
FILE NUMBER(S) : 10668 of 2008
CORAM: Whelan AC
KEY ISSUES: Development Application :- The height bulk and scale of the proposed attic above the garage and inadequacy of landscape areas.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Mosman Local Environmental Plan 1998 Mosman Residential Development Control Plan
CASES CITED: Zhang v Canterbury City Council 2001 NSW CA
DATES OF HEARING: 22 October 2008
DATE OF JUDGMENT: 19 December 2008
APPLICANT Mr N Howie, solicitor of Wilshire Webb Staunton Beattie Solicitors LEGAL REPRESENTATIVES:
RESPONDENT Ms J E Hewitt, solicitor of HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Whelan AC
19 December 2008
10668 of 2008 Jennifer Ann Bevan v Mosman Municipal Council
JUDGMENT Background 1 In April 2008 Council approved a development application for alterations and additions to an existing dwelling house and garage located at 20 David Street, Clifton Gardens.
2 Subsequently a section 96 Application was made to modify this consent and this was refused by Council, resulting in the current appeal. The amended application sought the following modifications to the approved development :- o increase garage ridge line to create attic storage space above garage; o provide external staircase and dormer entry doorway to attic storage space; o include windows (with louvers) to gable ends and roof window to attic space; o changes to front fence, gate and entry; and o reconstruct the existing study dormer window in the main dwelling. 3 On 10 September 2008, the parties attended a section 34 Conference on site. The neighbours were given the opportunity of making submissions. These submissions included objections to the bulk height and scale of the attic above the garage. Following the view the Applicant tended further amended plans which proposed a lowering of the attic roof by some 90 cm. This change was in response to objections.
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