Category Archives: Local Government

Jones v Mosman Council [2015] NSWLEC 1121

ON 24 APRIL 2015, the NSW Land and Environment Court delivered Jones v Mosman Council [2015] NSWLEC 1121 (24 April 2015).

Development Application: conciliation conference; agreement between the parties; orders.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWLEC/2015/1121.html

The Court made orders to give effect to an agreement between the applicant (Melanie Jones and Saeed Moazzam) and the respondent (Mosman Council) that was reached at conciliation on 24 April 2015.

The terms of the agreement are as follows:

1. The applicant is granted leave to amend Development Application No. 8.2014.39.1 in accordance with the plans referred to in Condition 1 of Annexure “A” hereto.
2. The applicant shall pay the respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 agreed in the sum of $7,000.00, such costs to be paid within 28 days of orders being made in accordance with this agreement.
3. The appeal is upheld.
4. Development Application No. 8.2014.39.1 relating to the land at 173 Spit Road,
Mosman, for demolition of existing dwelling and construction of 4 units, is approved, subject to the conditions set out in annexure “A” to this agreement.

The link to annexure “A” is http://www.caselaw.nsw.gov.au/asset/553ed1a8e4b0fc828c9966f1.pdf

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Chidiac v Mosman Council [2015] NSWLEC 1044

ON 16 MARCH 2015, the NSW Land and Environment Court delivered Chidiac v Mosman Council [2015] NSWLEC 1044 (16 March 2015).

“DEVELOPMENT APPLICATION: development standards for height and floor space ratio; adequacy of applications to justify contravention of standards; compatibility of proposed development with objectives of the standards and the objectives of the R3 zone; desired future character of the area; view impacts; amenity of proposed dwellings”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1044.html

The Court dismissed an appeal against Mosman Council’s deemed refusal of a Development Application for demolition of existing structures at 1 Musgrave Street, Mosman and the erection of a five level residential flat building above two levels of basement car parking.

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Markakis v Mosman Council [2015] NSWLEC 1033

ON 3 MARCH 2015, the NSW Land and Environment Court delivered Markakis v Mosman Council [2015] NSWLEC 1033 (3 March 2015).

“DEVELOPMENT APPLICATION: two storey dwelling; inappropriate siting of dwelling on battle-axe site; inadequate landscaped area; impacts on adjoining dwellings; internal amenity; resolution of shared parts of site with adjoining property.”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1033.html

The Court dismissed an appeal against a decision of Mosman Council to refuse a Development Application for a two storey dwelling at 103A Raglan Street, Mosman.

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Notice of Intention to Suspend North Sydney Council

ON 15 SEPTEMBER 2014, the Minister for Local Government issued North Sydney Council with a Notice of Intention to Suspend under s438I of the Local Government Act 1993 (NSW).

Under the Act, the Minister has the power to suspend the Council and install an interim administrator for a period of 3 months to “restore the proper or effective functioning of the council”.

The Council has 14 days from 15 September to respond with a submission. The Minister will consider the submission before deciding whether or not to suspend the Council.

The Mayor intends to hold an Extraordinary General Meeting, open to the public.

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Harris Farm Markets Cammeray Pty Ltd v North Sydney Council [2008] NSWLEC 1413

ON 21 OCTOBER 2008, the NSW Land and Environment Court delivered Harris Farm Markets Cammeray Pty Ltd v North Sydney Council [2008] NSWLEC 1413 (21 October 2008).

“Development Application :- use Unit CG-01 as a fruit and veg shop in a mixed use retail/commercial/residential development, parking, traffic, compliance with zone and control plan objectives, economic impact on existing neighbourhood centre.”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2008/1413.html

The Court upheld an appeal against a decision of North Sydney Council and in doing so granted development consent for the use and fit-out as a fruit and vegetable market in a mixed use retail/commercial/residential development at Nos. 450 – 476 Miller St, Cammeray.

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Harris Farm Markets Pty Limited v Ashfield Fresh Pty Limited and Anor [2002] NSWLEC 106

ON 28 JUNE 2002, the NSW Land and Environment Court delivered Harris Farm Markets Pty Limited v Ashfield Fresh Pty Limited and Anor [2002] NSWLEC 106 (28 June 2002).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2002/106.html

The Court dismissed an application by Harris Farm Markets Pty Limited seeking declarations and injunctions with respect to a development consent to the change of use to a fruit and vegetable shop of premises known as No 254 Liverpool Road, Ashfield.

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Municipal Council of Mosman v Spain & Ors [1929] NSWStRp 45

ON 8 AUGUST 1929, the Supreme Court of NSW delivered Municipal Council of Mosman v Spain & Ors [1929] NSWStRp 45; (1929) 29 SR (NSW) 492 (8 August 1929).

http://www.austlii.edu.au/cgi-bin/download.cgi/cgi-bin/download.cgi/download/au/cases/nsw/NSWStRp/1929/45.pdf

The court held that the land at Taronga Zoo was exempt from rates.

The court also held that the failure of a person to appeal a rates decision does not render him or her liable to pay the rates over land which is wrongly rated.

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