NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McWilliams v Mosman Municipal Council [2020] NSWLEC 1055 Hearing dates: 28 January 2020 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 8.2018.158.1 for alterations and additions to the existing boundary fence fronting Bradleys Head Road and Thompson Street at 23 Bradleys Head Road, Mosman, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, 2, 7, A, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing fence – local heritage item – impact on the heritage significance of the heritage item and heritage conservation area – whether the height of the fence is warranted for acoustic privacy 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 Category: Principal judgment Parties: Barry McWilliams (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: C Ireland (Applicant) R McCulloch (Solicitor) (Respondent)
Solicitors: Dentons (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2019/149574 Publication restriction: Nil
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