Carmichael & Others v Pittwater Council [2004] NSWLEC 711

Land and Environment Court of New South Wales

CITATION : Carmichael & Others v Pittwater Council [2004] NSWLEC 711 APPLICANT Mark Carmichael, Louise Carmichael, Daryn Carmichael and PARTIES : Josephine Natalie Carmichael

RESPONDENT Pittwater Council

FILE NUMBER(S) : 11112 of 2004 CORAM: Hussey C KEY ISSUES: Costs :- Application - Discontinuance of Merit Appeal.

LEGISLATION CITED: Land and Environment Court Act 1979 CASES CITED: DATES OF HEARING: 24/11/2004 DATE OF JUDGMENT: 12/22/2004

APPLICANT Mr G McKee, solicitor McKees Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Ms G Furness, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

23 December 2004

11112 of 2004 Mark Carmichael, Louise Carmichael, Daryn Carmichael and Josephine Natalie Carmichael v Pittwater Council

JUDGMENT 1 This matter concerns an application by Council for costs arising out of the following appeals, related to the various building works at 15 Powder Works Rd., North Narrabeen: 1. Appeal 10504/ 04; an appeal against a section 121 B Order to cease the use of property for alleged illegal building works. 2. Appeal 10505 / 04; an appeal against a section 121 B Order to cease the use of the property for the illegal land use, mainly Dual Occupancy. 3. Appeal 11112 / 04; an appeal against the refusal of a development application for alterations and additions to the property to facilitate its use as a dual occupancy.