Freeman Super Co Pty Limited v Mosman Municipal Council [2015] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Freeman Super Co Pty Limited v Mosman Municipal Council [2015] NSWLEC 1048 Hearing dates: 23, 24 February 2015 Date of orders: 03 March 2015 Decision date: 25 February 2015 Jurisdiction: Class 1 Before: Pearson C Decision: Directions made in consultation with the parties for provision of amended plans and conditions, with final orders to be made in chambers. Catchwords: DEVELOPMENT MODIFICATION – Demolition of existing dwelling house and construction of new two storey dwelling house – Siting – Visual privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Category: Principal judgment Parties: Freeman Super Co Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Mr P Rigg (Applicant)

Solicitors: Mr D Hand, David Hand Solicitor (Applicant) Ms J Walsh, Pikes Lawyers (Respondent) File Number(s): 10872 of 2014

EX TEMPORE Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. This is an appeal under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal of an application made under s 96(1A) of the Act to modify development consent DA8.2013.208.1 which approved the demolition of an existing dwelling house and construction of a new two-storey dwelling house and associated landscaping at 19 Thompson Street, Mosman. 2. The development consent was approved by Mosman Development Assessment Panel at its meeting of 16 April 2014, subject to conditions. Conditions 2 and 3 were in the following terms: Amended Plans 2. The Construction Certificate plans shall detail the lowering of the rear wing by 500mm to have a FFL of RL76.70 for the ground floor, with the same 500mm reduction in height of the FFL for the first floor and associated roof eave level. Amended Plans 3. The Construction Certificate plans shall detail the glass in windows W03, W04, W05 on the first floor and W04 on the ground floor as being translucent, achieved by the permanent acid etching of the glass up to a height of 1.6m above the respective FFL to each window. 1. On 14 August 2014 the applicant applied to modify the development consent by deletion of conditions 2 and 3.