No hiding from planning rules
PLANNING rules and a council’s power to define residents’ amenity defeated pleas for a designer-cubby without permission to stay in a Mosman Park tree last week.
“Let’s get something clear from the start, the Town of Mosman Park does not oppose cubby houses, but we have to rely on guidelines and planning rules, so the issue here is if it’s over-height and whether it is having an adverse affect on neighbours,’ Cr Zenda Johnson said.
The Montgomery family, of Jameson Street, sought retrospective approval for the 5m-high tree house backing onto a rear lane along which one of five adjoining neighbours had complained about the structure, which had 3.5m-high walls, triggering the council’s design rules.
Mrs Montgomery said removing the tree house would deny children a creative experience of life, its construction threatened the council’s ability to control “organic structures” and only one neighbour had complained when the tree house was 11m from a boundary.
Staff said the structure would not affect neighbours’ privacy but it was 4.5m from a boundary to the west.
After a motion approving the tree house failed to find a seconder, councillors agreed to reject approval of the tree house because the structure’s location, bulk, materials and finish were “inconsistent with the principles of orderly and proper planning”.