NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Rose Saltman and Michael Wiles v Mosman Council [2016] NSWLEC 1632 Hearing dates: 21 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 8.2016.5.1 for the excavation of the rockface on Council land to construct a basement garage at 3 Holt Avenue, Mosman, is refused. 3. The exhibits, other than exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a basement garage requiring removal of part of a natural rock feature on Council land; impact on the heritage significance of the heritage item. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 North Sydney Municipal v P D Mayoh Pty Ltd (1988) 14 NSWLR 724 Shellharbour Municipal Council v Rovili Pty Ltd (1989) 15 NSWLR 104 Sydney City Council v Ipoh Pty Ltd (2006) 68 NSWLR 411 Estate Project Developments Pty Ltd v Sydney City Council (2005) 141 LGERA 86 Category: Principal judgment Parties: Rose Saltman and Michael Wiles (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr M. Staunton barrister (Applicant) Ms R. McCulloch solicitor (Respondent)
Solicitors: Jaku Legal (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/293074
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