Our People
Mark Cottom
Lawyer
ABOUT MARK
- Diploma in Law
- Graduate Diploma in Legal Practice
Mark Cottom joined Kells in 2004 after a merger with Peedoms Lawyers, a Wollongong law firm specialising in local government and planning law.
Mark is a graduate of Kells' law clerk program having worked in a number of areas of law with the firm from 2003 to 2006. he then moved into the Local Government Planning and Environment Team in September 2006 after having completed his local government and planning elective at university with distinction.
Working for both council and private, Mark regularly provides opinions on various legal matters and litigation files. He appears in the Land and Environment Court and Local Court in relation to development appeals, tree disputes, judicial review proceedings, prosecutions for illegal development and other environmental/enforcement actions.
Mark is a member of the NSW Environment and Planning Law Association and the NSW Young Lawyers Environment and Planning Law Committee. He is also an occasional contributor of articles for the Environmental Law Reporter.
Examples of recent advices provided by Mark Cottom can be found here.
Mark's recent client success stories include:
Erection of advertising sign without consent costs more than bargained for - July 2011
Mark Cottom appeared for a local council in a prosecution listed for hearing in the Local Court relating to erection of an advertising sign without development consent. The defendant had been issued a $3,000 fine by way of penalty notice from the Council, but elected to have the matter dealt with by the Local Court. Read more ......
Triumph for council in two appeals - June 2011
In late 2010, Mark Cottom represented a local council at a Land and Environment Court hearing relating to an appeal against the refusal of a development application and building certificate arising from unlawfully-erected garage enclosures in the basement car park of a residential flat building. Read more ....
Kells clients resolve tree dispute without going to court - April/May 2011
Mark Cottom acted for residents of two townhouses that adjoined a property on which a dwelling-house and large trees were located. The rapid growth rate of these trees was causing roots to encroach significantly into the yard areas of the clients and resulting in property damage. Read more....
Substantial success in complex Class 1 development appeals - March 2011
Mark Cottom acted for a local council in development appeals relating to proposed redevelopment of a significant headland site. After six days of hearing stretched Across October 2010, December 2010 and February 2011, the Court substantially upheld. Read more ....
Two successful Local Court prosecutions in one week for environmental offences - January/February 2011
Mark Cottom appeared for a council in two prosecutions. The first was for illegal building work on a residential property and the second was a contested hearing relating to pollution of waters by a company installing road signage. Read more....Local Court prosecution withdrawn on Kells advice - December 2010
Mark Cottom was briefed to act for a council in a matter listed for hearing in the Local Court following a defendant's plea of not guilty to a number of charges. After reviewing the prosecution evidence Mark advised to withdraw the matter and this ultimately occurred. This saved our client the significant time and cost of running a matter which may not have resulted in conviction of the defendant.Success on separate question and costs in Land and Environment Court development appeals - October/November 2010
Kells acted for a local council in development appeals relating to proposed redevelopment of a significant headland site. A component of the proposal was a number of new buildings described by the applicant as "bed and breakfast accommodation". The council Read more....
Illegal fruit shop shut down - September 2010
Mark Cottom represented a local council seeking orders from the Land and Environment Court to prevent a fruit shop that was operating illegally in a light industrial zone from trading not in accordance with an existing development consent granted for wholesale purposes. After negotiations with Mark the operator agreed to the orders sought by the council and the matter of costs was argued before the Court. The operator was ordered to pay the council's costs as sought by Mark.
Significant fines imposed by Local Court for environmental offences - August 2010
Mark Cottom appeared for a local council in a matter listed for hearing in the Local Court relating to environmental offences at a building site which ultimately resulted in sediment running from the site and into the stormwater drainage system in the street. Read more...
Court orders removal of illegal shipping container from residential premises - July 2010
Mark Cottom acted for a council which had ordered a couple to remove a shipping container from the front yard of their residential premises. Part of the shipping container was also located on the public road reserve. Read more...
Clients issued penalty notices instead of being prosecuted for unauthorised works - June-August 2010
Mark Cottom acted for two clients who were being investigated by a council for unauthorised works on a rural-residential property. Mark attended two recorded interviews where the clients were required to answer questions asked by council officers, and made representations as to the Read more....
Significant fines imposed by local Court for illegal building work - April/May 2010
Mark Cottom appeared for a local council in a matter listed for hearing in the Local Court relating to illegal building works at an industrial site. A warehouse had been constructed larger than permitted by an existing development consent in circumstances where an application Read more....
Land and Environment Court appeal struck out for being filed out of time - March 2010
In 2009 Mark Cottom advised a local council on the drafting of a notice and order requiring the remediation of land where fill had been unlawfully placed. The owners of the land appealed against the order to the Land and Environment Court. Read more....
Council avoids costs order despite having granted invalid development consent - February 2010
In 2008-2009 Mark Cottom acted for a council client in Land and Environment Court judicial review proceedings. These wee commenced by a local business, without prior notice to the council, seeking orders from the Court declaring a development consent granted in Read more...
Kells clients avoid court action over tree dispute - September 2009
Mark Cottom received instructions from a couple who were being threatened with Land and Environment Court action by a lawyer acting for their neighbours. The proceedings were threatened to be taken under the Trees (Disputes Between Neighbours) Act 2008. Mark successfully persuaded his opponent to not pursue the matter, at minimal cost to the clients.
Kells involved in first reported Land and Environment Court decision on new section 97B - August 2009
On 1 September 2008 the NSW Government introduced section 97B into the Environmental Planning and Assessment Act 1979. That section had the effect that in development appeal proceedings where the applicant was granted leave of the Court to rely on amended plans Read more....