Linney v Mosman Municipal Council [2006] NSWLEC 525

Land and Environment Court of New South Wales

CITATION : Linney v Mosman Municipal Council [2006] NSWLEC 525

APPLICANT John and Sue Linney PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 11577 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- Emergency Order, demolition and replacement of a retaining wall, drainage, safety

LEGISLATION CITED: Environment Planning and Assessment Act 1979

DATES OF HEARING: 14/08/2006

EX TEMPORE JUDGMENT DATE : 08/14/2006

APPLICANT Mr M Prodromou, solicitor SOLICITORS Eakin McCaffery Cox LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

14 August 2006

11577 of 2005 John and Sue Linney v Mosman Municipal Council

JUDGMENT

This decision was given extemporaneously. It has been revised and edited prior to publication.

1 This appeal was lodged against an Emergency Order issued under s 121D of the Environment Planning and Assessment Act, which required the demolition and replacement of a retaining wall at 8 Beauty Point Road, Mosman. The location of the retaining wall is along the common boundary with 8 Delecta Avenue, Mosman and the details of the property, the planning controls and actions of council are contained in the Statement of Basic Facts, on which I rely.