Cadman v Mosman Municipal Council [2023] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Cadman v Mosman Municipal Council [2023] NSWLEC 1170 Hearing dates: Conciliation conference on 31 March 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1. The appeal is upheld. 2. The time for compliance with Orders 1-3 of the Development Control Order dated 20 September 2022 (DCO) is extended: 1. Initially for six weeks to permit the applicants to lodge the development application referred to in the notation in (1)(a) above; 2. If the applicants lodge the development application referred to in order 2(a) above, for a further 8 months to permit determination of the development application; 3. If consent is granted to the development application referred to in order 2(a) above, for a further 6 months to permit implementation of the consent; 4. If the consent is implemented, for a further 2 weeks to permit lodgement of a building information certificate application as referred to in paragraph 13 above; 5. If a building certificate application is lodged as referred to in notation (2) above, for a further 3 months to permit determination of the building information certificate. 1. Orders 1-3 of the DCO will cease to operate upon satisfaction of all of the following conditions: 1. Completion of the development the subject of the development application referred to in order 2(a) above, including compliance with all conditions of consent; and 2. The issue of a building information certificate for the works referred to in notation (2) above. 1. For avoidance of doubt, if any of the time periods specified in order 1 above are not satisfied, then Orders 1-3 of the DCO commence to operate again from that date. 2. Either party may apply to the Court by notice of motion to extend any of the time periods specified in these orders. Catchwords: APPEAL – development control order – demolish works order – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, Div 9.3, ss 1.4, 8.18, 9.34, Pt 1 Sch 5 Land and Environment Court Act 1979, s 34 Cases Cited: Phillips v Walsh (1990) 20 NSWLR 206 Category: Principal judgment Parties: Patrick Cadman (First Applicant) Alison Cadman (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) J Walker (Solicitor) (Respondent)