NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mirzikinian v Mosman Municipal Council [2004] NSWLEC 288 APPLICANT Paulette Mirzikinian PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 10128 of 2004 CORAM: Nott C KEY ISSUES: Appeal :- Application for a building certificate for two unlawfully erected external staircases on side of house and unapproved changes to undercroft - visual and noise impacts - other unlawful works not the subject the application for a building certificate - additional works would be needed to mitigate impacts - new works may be the subject of a development application - it is open to council to grant development consent for proposed new works to the already erected unlawful works LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 149F CASES CITED: Hooper v Lucas [1990] NSWLEC 93 DATES OF HEARING: 02/06/2004 EX TEMPORE 06/02/2004 JUDGMENT DATE :
APPLICANT Mr W P O'Rourke, solicitor SOLICTORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Ms J A Walsh, solicitor SOLICITORS Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Nott C
2 June 2004
10128 of 2004
Paulette Mirzikinian Applicant v Mosman Municipal Council Respondent
Judgment
1. This is an appeal under s 149F of the Environmental Planning and Assessment Act 1979. The applicant seeks a building certificate in respect of parts of a building at 1C Beaconsfield Road, Mosman.
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