Wright & Anor v Mosman Council [2013] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Wright & Anor v Mosman Council [2013] NSWLEC 1082 Hearing dates: 13 May 2013 Decision date: 14 May 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Modification application, bulk and scale Legislation Cited: Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Texts Cited: Building Code of Australia; Mosman Residential Development Control Plan Category: Principal judgment Parties: William Wright Elizabeth Wright (Applicants)

Mosman Council (Respondent) Representation: Mr P Clay SC (Applicants) Mr M Squire Boulton, Julian, Squire (Applicants)

Ms R McCulloch Pikes & Verekers Lawyers (Respondent) File Number(s): 10132 of 2013

Judgment 1The Wrights obtained development consent from Mosman Council for demolition of a swimming pool, alterations and additions to an existing dwelling and construction of a detached garage at 58 Shadforth Street, Mosman under Development consent 8.2012.147.1 (consent). An application to modify the consent to increase the height of the garage walls and roof and construct a dwelling within the roof space was subsequently lodged and refused by the council. The Wrights are appealing that decision. 2The matter commenced as a conciliation conference under s34AA of the Land and Environment Court Act 1979 however no agreement was reached, the conference was terminated and a hearing held forthwith, on site, in accordance with the provisions of s 34AA(2)(b)(i).