NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Steinberg v Mosman Municipal Council [2008] NSWLEC 63
APPLICANT Steinberg PARTIES : RESPONDENT Mosman Municipal Council
FILE NUMBER(S) : 11171 of 2007
CORAM: Bly C
KEY ISSUES: Modification Application :- balcony, view loss, privacy.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 11/02/2008
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
11171 of 2007 Steinberg v Mosman Municipal Council
JUDGMENT Introduction 1 On 22 May 1996 the Mosman Council approved Development Application Number 5.1996.46 for alterations and additions to the rear of the existing dwelling house at 22 Cobbittee Street, Mosman. Condition 9 of that consent requires the proposed first floor balcony of the dwelling to be reduced in size.
2 This modification application now seeks the removal of condition 9 to enable the now constructed balcony, which is 8.4 m wide by 4.6 m deep to be extended in such a way as to facilitate the provision of an alternative access from the existing kitchen onto the extended balcony. More particularly the extension to the balcony, which is surrounded by a glass balustrade, is to provide an additional area 2.9 m square with access from the kitchen via a pair of glass doors. The existing door from the kitchen onto the balcony is to be deleted and replaced with a window/servery. In response to the setback requirements in the Residential Development Control Plan 1999. The applicant has now agreed to increase the setback of the balcony extension from the southern boundary to 1.5 m. 3 The rectangular shaped site is situated on the western side of Cobbittee Street between the military reserve of HMAS Penguin and Dayrell Avenue. It falls to the north (rear) at an average gradient of 25%. Relevant to its relationship with 24 Cobbittee Street there is a stone retaining wall on the boundary that, towards the north-western corner of the site is about 2 m high.
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