John Griffin Construction & Development v Mosman Council [2008] NSWLEC 1270

Land and Environment Court of New South Wales

CITATION : John Griffin Construction & Development v Mosman Council [2008] NSWLEC 1270

APPLICANT John Griffin Construction & Development PARTIES : RESPONDENT Mosman Council

FILE NUMBER(S) : 10782 of 2007

CORAM: Murrell C

KEY ISSUES: Development Application :- Demolition of residential flat building and construction of new dwelling, landscaping, front setback, roof form, privacy and overlooking, open space, impacts on adjoining heritage walkway and impacts on neighbouring properties in terms of noise and viewing.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Mosman Local Environmental Plan

CASES CITED: Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley [2004] NSWLEC 91

DATES OF HEARING: 17/12/2007 and 14/03/2008

EX TEMPORE JUDGMENT DATE : 14 March 2008

APPLICANT Mr J. Hones, solicitor of Hones La Hood LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Hewitt, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

14 March 2008

10782 of 2007 John Griffin Construction & Development v Mosman Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 The matter before the Court this morning is a continuation of earlier proceedings in this Court for the subject site known as No. 17 Iluka Road, Clifton Gardens. The proceedings were adjourned to allow the applicant to submit amended plans in response to a number of concerns. At this time the applicant agreed to pay the respondent's costs arising from the amended plans.