Robert Noble v Mosman Municipal Council [2019] NSWCATAD 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robert Noble v Mosman Municipal Council [2019] NSWCATAD 247 Hearing dates: On the papers Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter.

(2) The application is dismissed for want of jurisdiction. Catchwords: Administrative Law – Civil and Administrative Tribunal – administrative review jurisdiction – enabling legislation - no jurisdiction to review a decision with respect to a planning approval made under Part 1 of Chapter 7 of the Local Government Act 1933 – no jurisdiction to review a decision made with respect to an Application for Heritage Exemption under the Mosman Local Environmental Plan 2012. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 Local Government Act 1933 Mosman Local Environmental Plan 2012 Cases Cited: Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Category: Procedural and other rulings Parties: Robert Noble (Applicant) Mosman Municipal Council (Respondent) Representation: Applicant (Self Represented) HWL Ebsworth Lawyers (Respondent) File Number(s): 2019/00128965 Publication restriction: Nil