Lovrovich & Anor v Mosman Council [2013] NSWLEC 1217

Lovrovich & Anor v Mosman Council [2013] NSWLEC 1217

The Court held that a privacy screen of approximately 3.2m in length should be installed on the upper level verandah to protect neighbours' visual privacy, but no such screen is needed on the lower level; the proposed conversion of the carport to a garage and construction of an entry canopy would unacceptably impact the streetscape and are not permitted; all other elements of the application, as amended by agreement, are acceptable and merit approval, subject to appropriate conditions.

Parties
Applicant: Susan Lovrovich; Applicant: Chris Valacos; Respondent: Mosman Council
Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Appeal / Judgment Following Hearing After Unsuccessful Conciliation Conference
Outcome
Orders reserved pending filing of final conditions of consent by council; part approval, part refusal.
Legal Topics
Development Application, Compliance With Planning Controls, Impact on Streetscape, Privacy Screens, Garage and Carport Approvals, Amenity, Streetscape Protection
Planning and Environment Law Development Application Compliance With Planning Controls Impact on Streetscape Privacy Screens Garage and Carport Approvals Amenity Streetscape Protection

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Parties

Susan Lovrovich

Applicant

Chris Valacos

Applicant

Mosman Council

Respondent

Procedural Posture

Appeal / Judgment Following Hearing After Unsuccessful Conciliation Conference

Legal Issues

  1. 1 Whether conditions of consent on a modified development consent should be amended regarding privacy screens
  2. 2 Whether development application for conversion of carport to garage, new structures, and other alterations should be approved
  3. 3 Compliance with Mosman planning controls and impact on privacy and streetscape

Ratio Decidendi

The Court held that a privacy screen of approximately 3.2m in length should be installed on the upper level verandah to protect neighbours' visual privacy, but no such screen is needed on the lower level; the proposed conversion of the carport to a garage and construction of an entry canopy would unacceptably impact the streetscape and are not permitted; all other elements of the application, as amended by agreement, are acceptable and merit approval, subject to appropriate conditions.

Court Disposition

Orders reserved pending filing of final conditions of consent by council; part approval, part refusal.

Orders

  • Council directed to file final conditions of consent reflecting agreed positions and findings by 4pm, 18 November 2013.
  • Consent to be modified to delete lower level privacy screen requirement and to require an upper level screen of approximately 3.2m in length.