Tomlinson v Mosman Council [2015] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: Tomlinson v Mosman Council [2015] NSWLEC 1147 Hearing dates: 20 April 2015 Date of orders: 13 May 2015 Decision date: 05 May 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: MODIFICATION APPLICATION: Bulk and scale; overlooking and privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Cases Cited: Super Studio v Waverley [2004] NSWLEC 91 Category: Principal judgment Parties: Melanie Tomlinson (Applicant) Mosman Council (Respondent Representation: Counsel: Applicant: Mr M Arch (Solicitor) Respondent: Ms J Walsh (Solicitor)

Solicitors: Applicant: Concordia Pacific Respondent: Pikes & Verekers Lawyers File Number(s): 10104 of 2015

Judgment 1. COMMISSIONER: In February 2014, Mosman Council granted conditional consent to development application DA No. 8.2013.209.1 for alterations and additions to a dwelling house at 7 Simpson Street, Mosman (the site). 2. The 2014 consent approved the demolition of a rear deck, additions to the ground and first floors, and a new rear covered balcony with a glass awning. 3. In November 2014, the council refused consent to modification application No. 8.2013.2. This is the development application the subject of this Class 1 appeal made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). 4. The matter commenced on site as a mandatory conciliation conference under s 34AA(2) of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation conference was terminated and the matter proceeded to a hearing in accordance with s 34AA(2)(b) of the Court Act.