The Court upheld a Class 1 appeal against deemed refusal of a DA for residential alterations and additions in Mosman's C4 Environmental Living zone, granting consent following a s 34AA conciliation conference. The Court accepted cl 4.6 written requests justifying contraventions of the building height standard (10.87m against 8.5m), maximum wall height standard (8.5m against 7.2m), and FSR standard (0.732:1 against 0.5:1), in each case on the basis that the objectives of the respective standards were achieved notwithstanding non-compliance, applying the first Wehbe test. The existing roof form was retained, with exceedances largely attributable to measurement from existing excavated ground levels rather than new built form.
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