Freeman Super Co Pty Limited v Mosman Municipal Council

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 2015Date of orders: 03 March 2015 Decision date: 25 February 2015 Jurisdiction:Class 1Before: 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 judgmentParties: 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 2014EX TEMPORE JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 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. 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...