Mosman Municipal Council v Spice

Land and Environment Court New South Wales Medium Neutral Citation: Mosman Municipal Council v Spice [2015] NSWLEC 134 Hearing dates:17 August 2015Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction:Class 6Before: Biscoe J Decision: Applicant’s notice of motion filed on 17 August 2015 is dismissed. Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – motion to vacate imminent hearing date of criminal appeal on ground of senior counsel’s illness. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 76A(1)(a), 125(1) Mosman Local Environmental Plan 2012 cl 5.9(3) Category:Procedural and other rulingsParties: 60302 of 2015 Mosman Municipal Council (Appellant) Wayne Spice (Respondent)   60303 of 2015 Mosman Municipal Council (Appellant) Fiona Nollen Sorrenson (Respondent) Representation: COUNSEL: A Isaacs (Appellant) T Howard SC and S Nash (Respondents)   SOLICITORS: Pikes & Verekers (Appellant) Swaab (Respondents) File Number(s):60302/15, 60303/15 Matter remitted  Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 11 March 2015 Before: Magistrate Wilson File Number(s): 00300821/14 EX TEMPORE Judgment This is a motion by the appellant Council to adjourn the hearing tomorrow of its appeal against the Local Court’s dismissal of criminal charges brought by Council against the respondents. The respondents were each charged with committing an offence against s 125(1) of the Environmental Planning and Assessment Act 1979. The charges were that, in contravention of s 76A(1)(a), they carried out development on their residential land at 1 Amaroo Crescent, Mosman without prior development consent, contrary to cl 5.9(3) of the Mosman Local Environmental Plan 2012. The development comprised...