Neighbours argue over proposed Mosman Park house

The small crossover and claimed overlooking where contested by lawyers arguing for the owners of the two houses in Chine Place, Mosman Park.
The small crossover and claimed overlooking where contested by lawyers arguing for the owners of the two houses in Chine Place, Mosman Park.
Neighbours argue over proposed Mosman Park house
The small crossover and claimed overlooking where contested by lawyers arguing for the owners of the two houses in Chine Place, Mosman Park. The small crossover and claimed overlooking where contested by lawyers arguing for the owners of the two houses in Chine Place, Mosman Park.

CLIFFTOP neighbours in the only two houses on a street had lawyers arguing about a contested mini-driveway and alleged invasions of privacy from a proposed new home at Mosman Park Council last week.

“Do you want to hear another legal opinion on a legal opinion?” Mayor Brett Pollock said, after a fourth lawyer rose to speak on the others’ comments about the proposed design for 1, Chine Place, overlooking Mosman Bay.

A staff report said previous development at the site had been contentious, but the new home complied with the provisions of the R-Codes.

The crossover, acting as a mini-driveway, was approved in 2011, and the neighbour argued privacy screening was needed from the views created by the proposed new home.

“The argument on overlooking has no basis as it is an existing situation that in fact is being improved (with) this development,” the report said.

The report said the crossover, which had no restrictions on its use, was likely to improve cars’ access.

Mr Pollock said there had been a failure to reach agreement at two meetings he chaired with the neighbours and the applicant.

Last week, lawyer Mark McLennan, acting for the applicant Arthur Marshall, said the staff report was “unequivocal” when it said the application was competent and councillors should follow its recommendation to approve the house.

Lawyer Paul Kotsoglo, acting for the neighbours, said there was a “a particular amenity” in Mosman Park which councillors should consider, and so they should delay considering the application for 90 days to do public consultation.

Lawyer and town planner Brendan Foley said screening was needed because a Supreme Court case involving the Town of Vincent showed it did not matter if a house design complied, because councillors instead had to look at the areas it claimed to be overlooking, which at Chine Place was a sitting room and a kitchen.

Mr Foley said a request for two crossovers that was refused recently by Cottesloe Council showed councillors had to consider what one of the small driveways would look like from public view.

However, councillors decided to approve the application.

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