MacDonald v Mosman Municipal Council [1999] NSWLEC 215

Land and Environment Court of New South Wales CITATION: MacDonald v Mosman Municipal Council [1999] NSWLEC 215

PARTIES APPLICANT: R MacDonald

RESPONDENT: Mosman Municipal Council

NUMBER: 10166 of 1998

CORAM: Lloyd J

KEY ISSUES: Development Consent :- condition of - resgistration of restrictions as to user

LEGISLATION CITED:

DATES OF HEARING: 08/30/1999

DATE OF JUDGMENT DELIVERY: 09/21/1999

APPLICANT: T S Hale (Barrister) SOLICITORS: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: P C Tomasetti (Barrister) SOLICITORS: Hill Thomson & Sullivan

JUDGMENT: IN THE LAND AND Matter No: 10166 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 21/09/99

MacDonald Applicant

v

Mosman Municipal Council Respondent

JUDGMENT

HIS HONOUR:

1. This is an appeal under s 97 of the Environmental Planning & Assessment Act 1979 ("the Act") against the imposition of a condition of a development consent granted by the respondent, Mosman Municipal Council ("the Council") for entrance stairs to a house at 6 Coronation Avenue, Mosman. Following the filing of the application in the Court, the applicants filed a notice of motion for the determination of a preliminary question of law by a Judge, or alternatively, for the whole of the appeal to be heard by a Judge. The question of law sought to be raised is whether the imposition of the disputed condition is lawful; that is to say, whether the disputed condition is invalid or ultra vires . On 12 July 1999 Sheahan J made an order that the whole of the appeal be heard by a Judge.