Markakis v Mosman Council [2015] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Markakis v Mosman Council [2015] NSWLEC 1033 Hearing dates: 10-11 February, 2015 Decision date: 03 March 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 8.2013.216.1 for a new dwelling at 103A Raglan Street, Mosman, is refused. 3. The exhibits, other than exhibits 7, B and D, are returned. Catchwords: DEVELOPMENT APPLICATION: two storey dwelling; inappropriate siting of dwelling on battle-axe site; inadequate landscaped area; impacts on adjoining dwellings; internal amenity; resolution of shared parts of site with adjoining property. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Terrace Tower Holding Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Category: Principal judgment Parties: Anastasia and Dimitrios Markakis (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr David Baird (Applicant) Ms Julie Walsh (Respondent)

Solicitors: HWL Ebsworth Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10974 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 8.2013.216.1 for a two storey dwelling with basement storage (the proposal) at 103A Raglan Street, Mosman (the site) by Mosman Council (the Council). 2. The appeal was subject to mandatory conciliation on 10 February, 2014, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not 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.