Hosking Munro Pty Ltd v Mosman Municipal Council [2010] NSWLEC 1062

Land and Environment Court of New South Wales

CITATION : Hosking Munro Pty Ltd v Mosman Municipal Council [2010] NSWLEC 1062

APPLICANT Hosking Munro Pty Ltd PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10730 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to existing unit - SEPP 1 objections to height and floor space ratio - bulk, scale

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Mosman Local Environmental Plan 1998 State Environmental Planning Policy No 1

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) 130 LGERA 79

DATES OF HEARING: 23 February 2010

EX TEMPORE JUDGMENT DATE : 24 February 2010

APPLICANT Dr S Berveling, barrister SOLICITORS Hastings Business Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh, solicitor SOLICITORS Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

24 February 2010

10730 of 2009 Hosking Munro Pty Ltd v Mosman Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Mosman Municipal Council (the council) on the approval of Development Application No. 8.2008.381.1 for alterations and additions to Unit 17, 21 Moruben Road, Mosman (the site). 2 The applicant contends that conditions 2, 3 and 4 are tantamount to the refusal of the application. The alterations and additions provide for a range of changes with some non controversial, however, the alterations and additions that are the centre of the dispute involve: 1. demolition of part of the existing living area; 2. construction of an additional 45 sq m of living area with new openings and access to the terraced area; and 3. construction of a new 3.5 m x 9.4 m pergola adjoining the new living area. 3 The contentions raised by the council relate to the non-compliance with the height, wall height and floor space ratio (FSR) development standards. As I understand, the proposed development did not raise any objections when advertised. The site and surrounding area 4 The site is irregular in shape and has an area of 1,228 sq m with a frontage of 20.8 m to Moruben Road and 13 m to Punch Lane. The site presently contains a part 3 and part 4 storey masonry and concrete multiple dwelling development with parapet roof elements and ground level parking bays. The building was approved on 13 June 1961 and strata approval was granted on 25 September 1962. On 26 May 2003 approval was granted for external refurbishment of the building and the extension and upgrade of the main foyer area. 5 Unit 17 is located on the fourth floor and is one of three units on this level. The other units are at the rear of the site. Unit 17 has a large east facing terrace area which is situated on the roof slab of the units below. The terrace provides panoramic views of Middle Harbour. 6 The locality is predominantly residential in character comprising a mix of residential dwelling types and densities. The character of the western side of Moruben Road is largely 1960s and early 1970s, multiple dwellings with some staggered setbacks at upper levels and parapet roof elements with some rooftop balcony elements. Many of the units enjoy views north towards Balmoral Beach and Middle Harbour. 7 To the north is a multiple dwelling development with a similar style curve roof addition to the top floor unit. This building is approximately one level lower than the multiple dwelling development on the site. This building was approved in 2000. To the south is a part 1 and part 2 storey residential dwelling house which was approved in 1966. Beyond this dwelling is a multiple dwelling development. To the rear are multiple dwelling developments and dwellings fronting Punch Street and Punch Lane.