Boustred v Mosman Municipal Council [2008] NSWLEC 1365

Land and Environment Court of New South Wales

CITATION : Boustred v Mosman Municipal Council [2008] NSWLEC 1365

APPLICANT William and Fiona Boustred PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10306 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the construction of a new dwelling - view loss

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

CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140

DATES OF HEARING: 28/07/08

DATE OF JUDGMENT: 29 July 2008

APPLICANT Mr M Baird, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms J Hewitt, solicitor SOLICITORS HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 July 2008

10306 of 2008 William and Fiona Boustred v Mosman Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal by Mosman Council (the council) of Development Application No. 8.2000.161 for the demolition of an existing dwelling and the construction of a new dwelling at 31 Fairfax Road, Mosman (the site). Relevant planning controls 2 The site is within the Residential 2(a2) Zone under Mosman Local Environmental Plan 1998 (LEP 1998). The proposed use is permissible with the consent of council. Clause 13 provides requirements for maximum building height, maximum wall height and number of storeys. Clause 14 provides requirements for floor space ratio (FSR) and cl 15 provides requirements for landscaped area.