Andrews v Mosman Council [2014] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: Andrews v Mosman Council [2014] NSWLEC 1045 Hearing dates: 6 March, 2014 Decision date: 11 March 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Consent No. 8.2012.156.2 is modified to delete condition 1B and to replace the planter box with a screen wall and extend the roof over to the southern extent of the terrace, subject to the conditions of consent in Annexure A. 3. The exhibits, other than exhibits 7 and F, are returned. Catchwords: MODIFICATION APPLICATION: deletion of a planter box and replacement with a privacy screen on a first floor terrace; extension of the roof over the terrace; impact on views from neighbouring dwelling. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Dixon Andrews Architects Pty Ltd v Mosman Council [2013] NSWLEC 1073 Category: Principal judgment Parties: Mr Dixon Andrews (Applicant) Mosman Council (Respondent) Representation: Mr Dixon Andrews (Applicant) Ms Julie Walsh Solicitor (Respondent) - (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10962 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of an application to modify Development Consent No. 8.2012.165.2, to delete a planter box along the side of the first floor terrace and replace it with a privacy screen and extend the roof over to the southern edge of the terrace (the proposal), at 61A Muston Street, Mosman (the site), by Mosman Council (the Council). 2The appeal was subject to mandatory conciliation on 6 March, 2014, in accordance with the provisions of s34AA of the Land and Environment Court Act 1979 (LEC Act). As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.