George Conomos v Mosman Municipal Council [2003] NSWLEC 401
The exceedance of the number of storeys and wall height resulted in unreasonable view loss to adjoining properties, failing to satisfy the objective of the planning standards; therefore, the SEPP 1 objection was not allowed and development consent was refused.
- Parties
- Applicant: George Conomos; Respondent: Mosman Municipal Council
- Jurisdiction
- Australia
- Judgment Date
- 14 November 2003
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed; development application refused.
- Legal Topics
- Development Application, Development Standards, SEPP 1 Objection, Environmental Planning and Assessment Act, View Loss
Case Brief
Summary, issues, holding and outcome
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Parties
George Conomos
Applicant
Mosman Municipal Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the SEPP 1 objection to vary development standards should be allowed
- 2 Whether the exceedance of wall height and storeys warrants refusal of development consent due to view loss
Ratio Decidendi
The exceedance of the number of storeys and wall height resulted in unreasonable view loss to adjoining properties, failing to satisfy the objective of the planning standards; therefore, the SEPP 1 objection was not allowed and development consent was refused.
Court Disposition
Appeal dismissed; development application refused.
Orders
- The appeal in respect of the property known as No. 33 Stanley Street, Mosman, is dismissed.
- The development application submitted to Mosman Council No. 8.2003.1221.1, and as amended, is determined by the refusal of consent.
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