Taylor v Mosman Council (No 2)

[2005] NSWLEC 347

Land and Environment Court

of New South Wales

CITATION:

Taylor v Mosman Council (No 2) [2005] NSWLEC 347

PARTIES:

Applicant:
Charles Taylor

Respondent:
Mosman Municipal Council

FILE NUMBER(S):

10048 of 2005

CORAM:

Roseth SC

KEY ISSUES:

Development Application :- impact on public views from street

DATES OF HEARING:

09/05/2005

 
DATE OF JUDGMENT: 

06/29/2005

EX TEMPORE JUDGMENT DATE:

05/09/2005

LEGAL REPRESENTATIVES:

Applicant:
Mr J Bingham, solicitor of Deacons

Respondent:
Ms J Walsh, solicitor of Pike Pike & Fenwick

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

29 June2005

10048 of 2005 Charles Taylor v Mosman Council (No 2)

JUDGMENT

The consequence of the Court’s decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court’s Orders and the conditions may be obtained from the Court’s registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court’s web site at

1 Senior Commissioner: On 9 May 2005 I published a judgment in relation to this matter indicating that I would be making orders giving consent to the proposal after the applicant prepares amended plans. The applicant has lodged amended plans and the parties agree that the plans reflect the decisions in the judgment. Accordingly I now make orders giving consent to the application.

Orders

1. The appeal is upheld.

2. Development application to alter and extend the existing house on lot 12 DP 2395, known as 26 Iluka Road, Clifton Gardens is determined by the granting of consent subject to the conditions in Annexure A.

3. Exhibit A is retained on the Court’s files.

_________________
Dr John Roseth
Senior Commissioner