Clemesha v Mosman Municipal Council [2021] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Clemesha v Mosman Municipal Council [2021] NSWLEC 1002 Hearing dates: 24–25 November 2020, 9 December 2020 Date of orders: 5 January 2021 Decision date: 05 January 2021 Jurisdiction: Class 1 Before: Dickson C Decision: Proceedings 2019/396674 Refer to orders below at [37] Proceedings 2020/303996 Refer to orders below at [38] Catchwords: DEVELOPMENT CONTROL ORDER – requires demolition of retaining wall, shed, external timber stairs – amended plans – whether there is an unreasonable impact on stormwater flow – agreed amended Development Control Order proposed BUILDING INFORMATION CERTIFICATE – additional information required now provided – amended scope – orders Legislation Cited: Crown Land Management Act 2016 Crown Lands Act 1989 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Owners of Strata Plan 60693 v Anneliese Pty Ltd [2006] NSWSC 210 Phillips v Walsh (1990) 20 NSWLR 206 Category: Principal judgment Parties: Robert Cambridge Clemesha (First Applicant) Juliana Carmel Clemesha (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Pearman (Applicants) J Hewitt (Solicitor) (Respondent)