Klaric v Mosman Council(s96) [2008] NSWLEC 1414

Klaric v Mosman Council(s96) [2008] NSWLEC 1414

The modification application for consent to erect a dwelling house, garage and inclinator is approved, as sufficient procedural opportunity has been given, no further adjournment is justified, and consent conditions and legal requirements address the concerns raised.

Parties
Applicant: Robert and Leonie Klaric; Respondent: Mosman Council; Intervener: Robert and Kylie Clarke; Intervener: Robert and Juliana Clemesha
Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Application to Modify Development Consent / Final Judgment
Outcome
s96 application approved, subject to conditions
Legal Topics
S96 Modification, Easement for Operating Crane
Environmental Law Planning Law S96 Modification Easement for Operating Crane

Case Brief

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Parties

Robert and Leonie Klaric

Applicant

Mosman Council

Respondent

Robert and Kylie Clarke

Intervener

Robert and Juliana Clemesha

Intervener

Procedural Posture

Application to Modify Development Consent / Final Judgment

Legal Issues

  1. 1 Whether the s96 application to modify development consent should be approved
  2. 2 Whether an adjournment should be granted to the Clemeshas
  3. 3 Whether an additional condition should be attached regarding intervener consent before works

Ratio Decidendi

The modification application for consent to erect a dwelling house, garage and inclinator is approved, as sufficient procedural opportunity has been given, no further adjournment is justified, and consent conditions and legal requirements address the concerns raised.

Court Disposition

s96 application approved, subject to conditions

Orders

  • The s96 application to amend the consent, dated 2 May 2007, to erect a dwelling house, a garage and an inclinator on lot B DP 115733, known as 69 Parriwi Road, Mosman is approved subject to the conditions in Annexure A.
  • The exhibits are returned except Exhibits 1, A and B.