Examples of recent advices by Mark Cottom

• validity of conditions imposed on development consents
• advantages and disadvantages to council if submitting appearance filed in judicial review challenge to a development consent
• due process for assessment of applications for activity approvals under section 68 of the Local Government Act, and exposure to liability for granting of approvals for activities on flood-prone land
• advice on liability for the provision of information under section 149(5) of the EP&A Act
• obligations and procedures in relation to amendment of Council record of rates and charges
• rateability of Council land
• legal and practical effects of amendments made in May 2011 to State Environmental Planning Policy (Affordable Rental Housing) 2009
• effect of dispute between architects as to copyright in amended plans on Council's assessment of application to modify development consent
• authorised officers' powers of entry to give effect to statutory orders that have not been complied with
• approach to proper consideration of development control plans in determining individual development applications
• permissibility of proposed ecotourism facility
• the retrospective approval of unauthorised development
• evidentiary requirements for the prosecution of unauthorised use in the Local Court
• validity of, and correct procedure for issuing clean-up notices and prevention notices
• pollution of waters in circumstances where pollutant does not descend into drain
• evidentiary requirements to establish criminal liability for transportation of waste
• legal effect of amendments to the POEO Act concerning land pollution and wast offences on criminal liability for waste facility on environmentally sensitive land
• whether or not a client council had the ability to recover additional section 94 contributions arising from partial change in use of significant mixed use building, having regard to provisions of applicable voluntary planning agreement.

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