La Coste & Stevenson v Mosman Municipal Council [2004] NSWLEC 257

La Coste & Stevenson v Mosman Municipal Council [2004] NSWLEC 257

The proposal for the double garage forward of the building line would have a detrimental impact on the streetscape, is not reasonable or necessary in the context of existing car parking, and is contrary to the planning objectives and controls; the appeal is allowed only to the extent that the application is otherwise approved without the new double garage.

Parties
Applicant: La Coste & Stevenson; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
21 May 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld in part
Legal Topics
Development Application, Residential Zoning, Streetscape Impact, Landscaped Area Requirements
Planning Law Environmental Law Local Government Law Development Application Residential Zoning Streetscape Impact Landscaped Area Requirements

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Parties

La Coste & Stevenson

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed double garage forward of the building line has an unsatisfactory streetscape impact and is a form of development encouraged by applicable planning controls
  2. 2 Whether approval of the garage will set a precedent
  3. 3 Whether the proposal should be approved notwithstanding failure to comply with landscaped area requirements

Ratio Decidendi

The proposal for the double garage forward of the building line would have a detrimental impact on the streetscape, is not reasonable or necessary in the context of existing car parking, and is contrary to the planning objectives and controls; the appeal is allowed only to the extent that the application is otherwise approved without the new double garage.

Court Disposition

appeal upheld in part

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld in part.
  • Development application No 8.2003.454.1 to alter and add to the existing dwelling at No 30 Euryalus Street, Mosman is approved subject to conditions in Annexure A, which exclude the proposed double garage.