Dickson v Mosman Municipal Council [2016] NSWLEC 1494

Land and Environment Court New South Wales

Medium Neutral Citation: Dickson v Mosman Municipal Council [2016] NSWLEC 1494 Hearing dates: 16-18 August 2016 Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application No. 8.2016.46.1 for a new dwelling at 103A Raglan Street, Mosman, is refused. 3. The exhibits, other than exhibits 1, A, E, F and G, are returned. Catchwords: DEVELOPMENT APPLICATION: new two storey dwelling; access to dwelling on battleaxe lot; resolution of shared structures over access; common ownership of properties; siting of dwelling on battle-axe lot; inadequate landscaped area; impacts on adjoining dwellings Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Markakis v Mosman Council [2015] NSWLEC1033 James and Anastasia Markakis v Mosman Municipal Council [1998] NSWLEC223 Category: Principal judgment Parties: Nigel Dickson (Applicant) Mosman Municipal Council (Respondent) Representation: Solicitors: Mr D Baird, Baird Lawyers (Applicant) Ms R McCulloch, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/00154071

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. 8.2016.46.1 for a two storey dwelling (the application) at 103A Raglan Street, Mosman (the site) by Mosman Council (the Council). 2. The appeal was subject to mandatory conciliation on 16 August, 2016, 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.