NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mason v Blue Mountains City Council [2005] NSWLEC 313
APPLICANT J & E Mason
PARTIES : RESPONDENT Blue Mountains City Council
FILE NUMBER(S) : 10556 of 2004
CORAM: Moore C
Appeal :- KEY ISSUES: Order to demolish an existing brushwood fence .
Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Blue Mountains Development Control Plan No. 26 LEGISLATION CITED: Blue Mountains City Council Residential Policy Better Living Development Control Plan Blue Mountains City Council Local Environmental Plan 1991 .
Zhang v Canterbury City Council [2001] 115 LGERA 373; CASES CITED: Jones v Dunkel [1959] 101 CLR 298; .
DATES OF HEARING: 11 October 2004 and 26 May 2005 EX TEMPORE JUDGMENT DATE : 05/26/2005
APPLICANT Ms L Byrne, barrister INSTRUCTED BY Lorraine Spooner & Associates
RESPONDENT LEGAL REPRESENTATIVES: Mr D Baird, solicitor Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Moore C
26 May 2005
10556 of 2004 J & E Mason v Blue Mountains City Council This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
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