NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Simpson v Mosman Municipal Council [2022] NSWLEC 1736 Hearing dates: 7 October 2022 Date of orders: 29 December 2022 Decision date: 29 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 39(2) of the Land and Environment Court Act 1979, exercising the function of Mosman Municipal Council as consent authority under s 113(4) of the Environmental Planning and Assessment Regulation 2021, approves the application for an amendment to modification application 8.2021.316.1 made on 7 October 2022 to rely on drawings A2.01 Rev E dated 14 September 2022 and A9 Rev A dated 12 September 2022. (2) The appeal is dismissed. (3) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL – modification - excavation - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, ss 34, 39 Mosman Local Environmental Plan 2012, cl 4.4 Cases Cited: Simpson v Mosman Municipal Council [2022] NSWLEC 1241 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Marc Simpson (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: L Sims (Applicant) R McCulloch (Solicitor) (Respondent)
Solicitors: McKees Legal Solutions (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 2022/164695 Publication restriction: Nil
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