Freeman Super Co Pty Limited v Mosman Municipal Council [2015] NSWLEC 1048

Freeman Super Co Pty Limited v Mosman Municipal Council [2015] NSWLEC 1048

Condition 2, requiring the lowering of the rear wing by 500mm, should remain as the proposed development would otherwise result in unreasonable overlooking of the neighbouring property, and the additional cut and impact on internal amenity is not sufficiently detrimental to outweigh the privacy impacts. The applicant's proposed privacy treatment for first floor windows (translucent glass to 1.1m with louvres) is sufficient, but the parties should further consider whether ground floor window treatment should apply only to window W04 or also to others.

Parties
Applicant: Freeman Super Co Pty Limited; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Appeal Development Consent Modification / Ex Tempore Judgment Following Hearing After Conciliation Conference Terminated
Outcome
Modification application partly allowed with directions; condition 2 to remain, insertion of condition 2A, substitution of condition 3 per applicant's proposal, subject to further submissions on ground floor window treatment; final orders to be made in chambers.
Legal Topics
Development Consent Modification, Visual Privacy, Siting of Buildings, Planning Controls, Residential Development, Amenity Impacts
Planning and Environment Development Consent Modification Visual Privacy Siting of Buildings Planning Controls Residential Development Amenity Impacts

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Parties

Freeman Super Co Pty Limited

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Appeal Development Consent Modification / Ex Tempore Judgment Following Hearing After Conciliation Conference Terminated

Legal Issues

  1. 1 Whether condition requiring lowering of rear wing by 500mm should remain or be deleted
  2. 2 What is the appropriate privacy treatment for the windows on both levels on the western side of the rear extension

Ratio Decidendi

Condition 2, requiring the lowering of the rear wing by 500mm, should remain as the proposed development would otherwise result in unreasonable overlooking of the neighbouring property, and the additional cut and impact on internal amenity is not sufficiently detrimental to outweigh the privacy impacts. The applicant's proposed privacy treatment for first floor windows (translucent glass to 1.1m with louvres) is sufficient, but the parties should further consider whether ground floor window treatment should apply only to window W04 or also to others.

Court Disposition

Modification application partly allowed with directions; condition 2 to remain, insertion of condition 2A, substitution of condition 3 per applicant's proposal, subject to further submissions on ground floor window treatment; final orders to be made in chambers.

Orders

  • Condition 2 (lowering of rear wing) to remain
  • Condition 2A (ground levels outside building footprint not to be altered) to be inserted