Hosking Munro Pty Ltd v Mosman Municipal Council [2010] NSWLEC 1062

Hosking Munro Pty Ltd v Mosman Municipal Council [2010] NSWLEC 1062

Given the existing building pre-dated the LEP 1998 standards, redevelopment to comply with those standards was remote, the surrounding Moruben Road locality contained varied building styles, heights and setbacks, and the extended living room would have limited visibility and only minimal bulk and scale impact. Strict compliance with the height and floor space ratio standards was therefore unreasonable and unnecessary and the SEPP 1 objections were well founded, but only if the proposed pergola was deleted because it would add visible bulk and undermine the upper-level setback pattern.

Jurisdiction
Australia
Judgment Date
24 February 2010
Procedural Posture
Appeal Against Conditions Imposed by Mosman Municipal Council on the Approval of Development Application No. 8.2008.381.1 for Alterations and Additions to Unit 17, 21 Moruben Road, Mosman / Ex Tempore Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions, including deletion of the proposed pergola.
Legal Topics
['development Application' 'conditions of Consent' 'sepp 1 Objections' 'height and Wall Height Development Standards' 'floor Space Ratio' 'bulk and Scale' 'residential Alterations and Additions']
['planning and Environment Law' 'development Control'] ['development Application' 'conditions of Consent' 'sepp 1 Objections' 'height and Wall Height Development Standards' 'floor Space Ratio' 'bulk and Scale' 'residential Alterations and Additions']

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Procedural Posture

Appeal Against Conditions Imposed by Mosman Municipal Council on the Approval of Development Application No. 8.2008.381.1 for Alterations and Additions to Unit 17, 21 Moruben Road, Mosman / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether conditions 2, 3 and 4 imposed by the council were tantamount to refusal of the development application.' 'Whether the SEPP 1 objection to the height and wall height development standards was well founded.' 'Whether strict compliance with the floor space ratio development standard was unreasonable and unnecessary.' 'Whether the proposed additions, including the pergola, would have unacceptable bulk and scale impacts in the Moruben Road locality.']

Ratio Decidendi

Given the existing building pre-dated the LEP 1998 standards, redevelopment to comply with those standards was remote, the surrounding Moruben Road locality contained varied building styles, heights and setbacks, and the extended living room would have limited visibility and only minimal bulk and scale impact. Strict compliance with the height and floor space ratio standards was therefore unreasonable and unnecessary and the SEPP 1 objections were well founded, but only if the proposed pergola was deleted because it would add visible bulk and undermine the upper-level setback pattern.

Court Disposition

Appeal upheld; development application approved subject to conditions, including deletion of the proposed pergola.

Orders

  • ['The appeal is upheld.' 'The development application for alterations and additions to Unit 17, 21 Moruben Road, Mosman is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibit A.']