Front Yard Pool Approved Despite Council's Double Refusal
When Michelle and Michael Brown first envisioned adding a pool to her Mosman home at 1 Cobbittee Street, she faced what seemed like an insurmountable challenge. With no rear yard available, the front garden presented the only viable location - a proposal that would test both Council's planning controls and conventional approaches to residential pool design.
Initial Hurdles
Mosman Municipal Council's response was swift and decisive: a firm refusal of the development application. Undeterred, Michelle and Michael pursued a review of the decision, only to face a second rejection. At this critical juncture in July 2023, she turned to McKees for guidance through the Land and Environment Court appeal process.
Strategic Approach
The McKees team, led by Graham McKee and Hazel Sahin, recognised that success would require more than just legal expertise - it would demand a comprehensive approach to address Council's concerns about streetscape impact and neighbourhood character. They assembled a specialist team including a town planner and landscape architect, each bringing crucial expertise to demonstrate how the pool could harmoniously integrate with Cobbittee Street's existing character.
Despite the team's efforts to engage constructively, Council maintained their opposition throughout the proceedings. This steadfast resistance meant only one path forward: a contested hearing in the Land and Environment Court.
Turning Point
The hearing before Acting Commissioner Washington proved to be the turning point. Through careful presentation of expert evidence, McKees demonstrated that the front yard pool proposal wasn't just acceptable - it was an appropriate response to the site's unique constraints. The Commissioner's ruling validated this position, finding that the pool and associated fencing would successfully integrate with the street's diverse character while maintaining neighbourhood amenity.
Successful Outcome
The Court's decision to grant development consent vindicated Michelle's and Michael’s vision and McKees' approach. This success story demonstrates how thoughtful design, expert evidence, and skilled advocacy can overcome even significant planning hurdles. More importantly, it shows how innovative solutions - like front yard pools - can be achieved when they respond appropriately to site constraints and neighbourhood character.
This case represents more than just a win for one homeowner; it establishes a pathway for others facing similar challenges in Sydney's established suburbs, where traditional development approaches may not always be possible.
Through strategic and persistent advocacy, McKees helped transform what began as a challenging proposal into an approved development, demonstrating that with the right approach, innovative residential design solutions are achievable within Sydney's planning framework.
