NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Simmonds v Mosman Municipal Council [2022] NSWLEC 1004 Hearing dates: Conciliation conference on 16 - 17 December 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court Orders: (1) The Appeal is upheld. (2) Development Application DA8.2020.191.1 for demolition of the existing garage and construction of a new double carport, driveway, front fence and landscape works is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – carport in front setback – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34AA State Environmental Planning Policy No 55—Remediation of Land cl 7 Mosman Local Environmental Plan 2012 cll 6.4, 6.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Stuart Duncan Simmonds (First Applicant) Kathleen Joan Simmonds (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Dr J Smith (Applicants) S Patterson (Solicitor) (Respondent)
Solicitors: Sattler & Associates Pty Ltd (Applicants) Mosman Municipal Council (Respondent) File Number(s): 2021/238351 Publication restriction: No
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