Kinoshita v Mosman Municipal Council [2023] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: Kinoshita v Mosman Municipal Council [2023] NSWLEC 1507 Hearing dates: Conciliation Conference 1 September 2023 Date of orders: 07 September 2023 Decision date: 07 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Within 2 months of the date of these orders, the Applicants are to carry out works (the Works) in accordance with the plan prepared by Partridge Hydraulic Services, Job No. 2017H0137, Drawing SW 1.1 Revision A dated August 2023, which is contained at Annexure A (the Plan). (3) Within 7 days of the completion of the Works, the Applicants will provide a copy of the following documents to the Respondent: (a) Written certification from a relevant engineering expert that the work was carried out in accordance with the Plan; and (b) Engineering plans which have been certified by the relevant engineering expert referred to in [17(3)(a)]. (4) Within 7 days of notice in writing from the Respondent, the Applicants are to make the parts of the property 15 Little Street, Mosman on which the Works were carried out, available for inspection by the Respondent's authorised officers. (5) The Court directs the Respondent to issue a building information certificate for the building the subject of Building Information Certificate Application number BIC - 15083 lodged on the NSW Planning Portal on 12 April 2023, within 14 days of the date the Respondent receives the information identified at [17](3)] above. Catchwords: APPEAL – building information certificate appeal – gabion retaining wall – drainage – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.25, 8.25 Land and Environment Court Act 1979, ss 17, 34 Local Government Act 1993 Cases Cited: Scarf v Shoalhaven City Council [2021] NSWLEC 128 Category: Principal judgment Parties: Eriko Kinoshita (First Applicant) Clive Mayhew-Begg (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Dr J Smith (Applicants) S Wilson (Solicitor) (Respondent)