NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Steinberg v Mosman Municipal Council [2008] NSWLEC 65
APPLICANT Amanda Steinberg PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 11172 of 2007
CORAM: Bly C
KEY ISSUES: Development Application :- balcony, view loss, privacy.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Super Studio v Waverley [2004] NSWLEC 91
DATES OF HEARING: 11 February 2008
EX TEMPORE JUDGMENT DATE : 11 February 2008
APPLICANT Mr G. McKee, solicitor of McKees LEGAL REPRESENTATIVES:
RESPONDENT Miss J Walsh, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
11 February 2008
11172 of 2007 Amanda Steinberg v Mosman Municipal Council
JUDGMENT Introduction 1 This appeal relates to Development Application No 8.2007.55 which is mainly for the construction of a swimming pool in the rear of 22 Cobbittee Street Mosman.
2 The pool is to be 11.4 m long by 6.8 m wide and will, at the lowest part of the site extend about 2 m above ground level. It is to have "wet edges" along the its northern and western sides. Also to be constructed are associated privacy screens, hard paving, decking and pool coping together with retaining walls and steps to provide access to landscaped areas and the existing dwelling. Other aspects of the development application not in dispute include a balcony at first-floor level off bedrooms and associated doors, the installation of a rainwater tank and a number of soft landscaped area changes (to meet statutory requirements). The proposed pool structure is set back 2 metres from the northern (side) boundary and 2.1 m from the west (rear) boundary of the site.
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