Klaric v Mosman Municipal Council [2007] NSWLEC 237

Land and Environment Court of New South Wales

CITATION : Klaric v Mosman Municipal Council [2007] NSWLEC 237

Applicant: Robert and Leonie Klaric PARTIES : Respondent: Mosman Municiapl Council

FILE NUMBER(S) : 11090 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- view from Sydney Harbour

DATES OF HEARING: 02/04/2007

DATE OF JUDGMENT: 2 May 2007

Applicant: LEGAL REPRESENTATIVES: Mr C McEwen SC instructed by Mr M Staunton of Staunton Beattie solicitors Respondent: Ms J Hewitt, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

2 May 2007

11090 of 2006 Robert and Leonie Klaric v Mosman Municipal Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Mosman Municipal Council (the council) of a development application to erect a dwelling house, a garage and an inclinator on lot B DP 115733, known as 69 Parriwi Road, Mosman.

The site 2 The site is a battle-axe lot on the eastern side of Parriwi Road, with a 3.73m wide access handle and a 30m frontage to Shell Cove. Its northern boundary adjoins a council reserve; its eastern boundary adjoins 71 Parriwi Road, while its southern boundary adjoins 67 Parriwi Road. 3 There is now a disused swimming pool on the site. The site is flat, apart from the foreshore. Existing vegetation includes three significant trees near the foreshore and dense, vegetation along the foreshore. The area around contains the type of massive, visually dominant buildings, which are gradually replacing older, more modest buildings along all the foreshores of Sydney Harbour. The house at No 71, for example, has the appearance of a four-storey building. Most other buildings around, including recently approved ones, appear three-storeys. 4 The area does not exhibit the character that one would expect from the numerous expressions in the council's planning instruments and policies that landscaping should dominate buildings.