Poletto v Mosman Council [2019] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Poletto v Mosman Council [2019] NSWLEC 1513 Hearing dates: 11 October 2019 Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans. (2) The appeal is dismissed. (3) Development consent to Development Application No. 8.2018.200.1 for alterations and additions to an existing dwelling house at 236A Raglan Street, Mosman is refused. (4) The exhibits are returned other than Exhibits A, D, E and 1. Catchwords: DEVELOPMENT APPLICATION – dwelling alterations and additions including additional storey – whether compliant with LEP development standards of wall height and FSR – whether clause 4.6 written requests required – side setback non-compliances – bulk and scale – view impacts – privacy impacts – streetscape impacts – whether adjournment should be allowed for clause 4.6 request – request for 'amber light' consideration Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Texts Cited: Mosman Residential Development Control Plan 2012 Building Code of Australia Category: Principal judgment Parties: Carla Poletto (Applicant) Mosman Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)