Klaric v Mosman Municipal Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Klaric v Mosman Municipal Council [2014] NSWLEC 1156 Hearing dates:28 July 2014Decision date: 28 July 2014 Jurisdiction:Class 1Before: Hussey C Decision: (1)The appeal is upheld.(2)Consent is granted to this development modification application 8.2006.21.4 in respect of consent for a dwelling house at 69 Parriwi Road, Mosman subject to the conditions in Annexure A.(3)Exhibits may be returned except 1, 3, 4, A, B, C, E and F. Catchwords: Development modification - Retaining walls adjacent to adjoining property Legislation Cited: Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: Robert and Leonie Klaric (Applicants) Mosman Municipal Council (Respondent) Representation: Mr C McEwen (Applicant) Ms J Walsh (Respondent) Wilshire Webb Staunton Beattie Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):10158 of 2014 JudgmentThis appeal concerns an application under section 96(8) to modify a Court approved development for works associated with a waterfront property at 69 Parriwi Road Mosman. The site is steeply sloping from Parriwi Road to the waterfront and during the course of construction of the dwelling; approval was given to erect a large crane on adjacent council property.The modifications are as stated in the Statement of Facts and Contentions and include: New retaining wall to the southern boundary; New retaining wall to the western boundary; Re-configuration of the structural support wall beneath the driveway entry slab; Adjustment of window openings and external glazed door openings; Flat roof to stairwell; Dumb waiter replaced with lift; Adjustment of garage slab and...