Barone v Mosman Municipal Council [2010] NSWLEC 1243

Land and Environment Court of New South Wales

CITATION : Barone v Mosman Municipal Council [2010] NSWLEC 1243 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT David Barone PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10400 of 2010

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Drainage; car parking and access.

Land and Environment Court Act 1979 LEGISLATION CITED: Mosman Local Environmental Plan 1998 Mosman Residential Development Control Plan

DATES OF HEARING: 23 August 2010

EX TEMPORE JUDGMENT DATE : 24 August 2010

APPLICANT Mr D Barone Litigant in person LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh (solicitor) SOLICITOR Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 August 2010

10400 of 2010 Barone v Mosman Municipal Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT

Background 1 This appeal was lodged against Council's deemed refusal of a Development Application for the demolition of an existing dwelling and construction of a new part 2/part 3 storey dwelling and associated works at 6 Mulbring Street, Mosman. The development includes a double garage within the front setback area and a partially elevated pool at the rear of the property. The full details of the application and planning controls are contained within the Statement of Facts and Contentions on which I rely. 2 A number of issues were identified for the appeal which are summarised as follows: - Adequacy of information; - Over-development of the site in terms of site area, maximum wall height and number of storeys; - Appropriate siting and scale; - Location of the proposed double garage within the front setback area; - Amenity/impacts on neighbouring property i.e. visual and privacy; - Drainage. 3 Considering the topography of the site where the site falls from the street and from the rear boundary to a depression generally through the middle of the lot, then the drainage issue is the threshold matter. Site 4 The site comprises of Lot 8 in DP24439 known as 6 Mulbring Street. It is located on the western side of Mulbring Street, between Dugald Road and Cedric Lane and is regular in shape with a frontage of 16.65 m to Mulbring Street an area of 608 m sq. 5 The site generally represent a semi circular depression with the highest points at the western and eastern extremities of the southern boundary, and the lowest point occurring midway between these points along the northern boundary. From Mulbring Street, the site falls to the centre and then rises again to the rear. Planning Controls 6 The site is zoned Residential 2(a1) under the Mosman Local Environmental Plan 1998 and is located within the Foreshore Scenic Protection Area.