Whale Beach $7m super-mansion approved after court battle
A council rejected the renovation of a five-storey super-mansion set to feature a turntable driveway, gymnasium and swimming pool, and residents complained, but a couple have won the battle after taking their grand plans to court.
NSW
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A Sydney couple have even more reason to celebrate the summer holidays after a court approved their mega-mansion on one of Sydney’s most exclusive streets overlooking one of the city’s swankiest beaches.
Jennifer Davies and Hamish Mitchell had been locked in a battle with Northern Beaches Council and some of their new neighbours over their grand plans to build a five-storey mansion above Whale Beach.
The couple paid $4.3 million for a two-storey house on Whale Beach Rd in 2017 and wanted to knock it down and build a five-storey home with a swimming pool, spilling down the slope to the beach, for $3.3 million.
The council initially refused their plans, which included a “turntable driveway” and multiple balconies. Some neighbours complained the size of the development would impact their views and affect the area’s look.
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But on December 24 the NSW Land and Environment Court upheld an appeal by Ms Davies and Mr Mitchell and approved the development, after several amendments were made to their plans.
The amendments followed mediation sessions between the couple and the council.
Despite its five levels, the court heard the proposed development would not be seen from the street in its entirety because the block drops off sharply down to the beach.
In delivering her judgment, Commissioner Sarah Bish told the court the council and the developers were in agreement that elements of the mansion that “exceed the height standard” were “limited to a minor portion of the roof form”, which did not result in any impacts like “overshadowing” or “view loss”.
Ms Bish told the court there was also agreement that the amended plans resulted in “no unreasonable impacts to adjoining properties from the visual bulk, that result in view loss, solar access or privacy …”
The parties also agreed that the mansion also “does not adversely affect the character of the local area” because of the look of the roof.
This is unlikely to please those residents who lodged complaints with the council about the proposal.
Neighbour Livio Panozzo wrote in his submission that the mansion would “obliterate” views of the beach and headland that can currently be enjoyed from seen from the footpath.
Fellow neighbours Janet France and John Keldoulis wrote: “We are somewhat shocked by the scale of the proposed development and the likely impact this will have on our beach views.”
Derick and Stephanie Borean wrote they would not be able to see their children playing on the sand from their home.
“The view of Whale Beach, whilst not to the same degree of iconic as a view of the Sydney Opera House, remains a culturally significant and unique focal point for visitors, tourists and residents alike,” they wrote.