Van Mourik v Mosman Municipal Council [2023] NSWLEC 1647

Land and Environment Court New South Wales

Medium Neutral Citation: Van Mourik v Mosman Municipal Council [2023] NSWLEC 1647 Hearing dates: Conciliation Conference 27 October 2023 Date of orders: 01 November 2023 Decision date: 01 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, the Respondent is directed to issue a building information certificate with respect to the works comprising widened driveway, underground rainwater tank, infill of wall opening to staircase adjacent to western boundary and new structural concrete beam above garage opening at 35 Middle Head Road, Mosman (Lot 2 DP208505) within 10 days of the date of these orders being made by the Court. Catchwords: BUILDING INFORMATION CERTIFICATE APPEAL – unauthorised works – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.25, 8.25 Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2012, cl 6.6 Local Government Act 1993 Category: Principal judgment Parties: Grace van Mourik (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: T Messenger (Solicitor)(Applicant) R McCulloch (Solicitor)(Respondent)

Solicitors: Messenger & Messenger Solicitors (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2023/185601 Publication restriction: No