Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. COMMISSIONER: This case is about a proposed off street vehicular hard stand on residential property which will require the construction of a new driveway or vehicular crossing off Raglan Street in Mosman. Mosman Municipal Council (the Council) refused the granting of consent because of the impact the proposal will have on the on-street car parking space between a bus stop and the existing driveway at the adjacent property. The Applicant appeals that refusal on the basis of expert evidence that although people may physically be able to park four cars in that area, the dimensions of the area are such that it is only large enough to accommodate three cars before and after the Proposed Development thus there will be no loss of an on-street car parking space.

2. The Class 1 Development Appeal is pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) and is an appeal against the Council's refusal of Development Application No. 8.2024.113.1 seeking consent for alterations and additions to the existing semi-detached dwelling house, including the construction of a hard stand parking area forward of the dwelling (Proposed Development) at 170 Raglan Street Mosman legally described as Lot 2 in DP 445266 (the Site).

3. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 6 March 2025. I presided over the conciliation conference. As the parties did not reach agreement, I terminated the conciliation conference and following a hearing held forthwith pursuant to s 34AA(2)(b) of the LEC Act I reserved judgment on 7 March 2025.

4. The Site is located within the Zone R3 Medium Density Residential which also applies to the length of that side of Raglan Street, whereas across the road the dwellings are located within the Zone R2 Low Density Residential pursuant to the Land Use Table of the Mosman Local Environmental Plan 2012 (MLEP). This is relevant to character of the streetscape and the proposed alterations and additions.

5. The proceedings commenced on site and the Court had the benefit of walking with the parties and their experts on Raglan Street starting from the Site down the R3 Zone side of Raglan Street to the Mosman Village Church located on the corner of Raglan and Canrobert Street. We crossed the road at the pedestrian crossing in front of the Church and walked back up Raglan Street, this time on the R2 Zone side of the street, observing the Site from across the road, and then walked past the Site and crossed the road again to walk down Hamlet Lane before finally returning to the Site.

6. The Court heard from a number of neighbouring objectors on site who all support the Council's determination to refuse the DA for the following reasons:

1) Loss of on street parking;

2) Pedestrian safety;

3) Adverse impact on Streetscape;

4) Stormwater; and

5) Long term policy and historical refusals by the Council and more recently by the Court.

7. In relation to pedestrian safety, the Council's Assessment Report, Ex 2, Tab 2, under the heading "Submissions" includes a comment in response to "Concern it will be dangerous for pedestrians walking along" as follows:

"The proposal is located within the site and does not encroach the adjacent pavement and is unlikely to cause any dangerous impacts on for pedestrian movements."

8. Pedestrian safety is addressed by compliance with the Australian Standard regarding off street parking and the sight lines.

9. Stormwater is also resolved and is not a matter pressed or contended by the Respondent.

10. The balance of the concerns raised by objectors can be considered as part of the contentions raised by the Respondent in the Statement of Facts and Contentions (SOFAC), filed 15 October 2024 (Ex 1). I come back to the contentions at [19].

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1969d99e05e6dd6d2adb7de4)

Disclaimer: Curated by HT Syndication.