Lizzio v Mosman Municipal Council [2022] NSWLEC 1030

Lizzio v Mosman Municipal Council [2022] NSWLEC 1030

Development consent could not be granted because the Court was not satisfied that the applicant's cl 4.6 written request adequately addressed the matters required to justify the FSR contravention, the proposal contravened the wall height development standard without a cl 4.6 written request, and the proposed first floor roof form and bulk would overwhelm the modest scale and character of the semi-detached dwelling pair and adversely affect the heritage significance of the Killarney Estate Heritage Conservation Area.

Jurisdiction
Australia
Judgment Date
25 January 2022
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 8.2020.122.1 / Hearing Held After S 34 AA Conciliation Conference Was Terminated Because Agreement Was Not Reached
Outcome
Appeal dismissed; Development Application No. 8.2020.122.1 refused.
Legal Topics
['development Application for Alterations and Additions to Semi Detached Dwelling' 'floor Space Ratio Development Standard Variation Under Cl 4.6' 'wall Height Development Standard' 'heritage Conservation Area Impact' 'bulk, Scale and Desired Future Character']
['environmental Planning and Assessment' 'development Consent' 'heritage Conservation'] ['development Application for Alterations and Additions to Semi Detached Dwelling' 'floor Space Ratio Development Standard Variation Under Cl 4.6' 'wall Height Development Standard' 'heritage Conservation Area Impact' 'bulk, Scale and Desired Future Character']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 8.2020.122.1 / Hearing Held After S 34 AA Conciliation Conference Was Terminated Because Agreement Was Not Reached

Legal Issues

  1. 1 ["Whether the applicant's cl 4.6 written request adequately justified contravention of the floor space ratio development standard in Mosman Local Environmental Plan 2012." 'Whether the proposal contravened the wall height development standard in cl 4.3A of Mosman Local Environmental Plan 2012 and whether a cl 4.6 written request was required.' 'Whether the proposal maintained the traditional scale and character of the existing pair of semi-detached dwellings and conserved the heritage significance of the Killarney Estate Heritage Conservation Area.' 'Whether the proposal was in the public interest and should be granted development consent.']

Ratio Decidendi

Development consent could not be granted because the Court was not satisfied that the applicant's cl 4.6 written request adequately addressed the matters required to justify the FSR contravention, the proposal contravened the wall height development standard without a cl 4.6 written request, and the proposed first floor roof form and bulk would overwhelm the modest scale and character of the semi-detached dwelling pair and adversely affect the heritage significance of the Killarney Estate Heritage Conservation Area.

Court Disposition

Appeal dismissed; Development Application No. 8.2020.122.1 refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 8.2020.122.1 for alterations and additions to an existing dwelling at 19 Dalton Road, Mosman, is refused.' 'The exhibits, other than Exhibit 1, are returned.']