Mark Cottom, Esq.
Mark 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 ater having completed his local government and planning elective at university with distinction.
Working primarily for council clients, Mark regularly provides opinions to councils on various legal matters and litigation files, appearing in the Land and Environment Court and Local Court for councils in relation to development appeals and prosecutions for illegal development.
Examples of recent advices provided in the local government service area include:
- advice on liability for road construction under the Roads Act 1993
- obligations and procedures in relation to amendment of Council record of rates and charges
- rateability of Council land
- rescission of resolutions made at council meetings
- effect of warning signs on council roads
Examples of recent advices in the planning and building service area include:
- regulation of driveway crossing construction under Roads Act
- powers under section 96 of the EP&A Act in respect of a change of use from motel to serviced apartments
- permissibility of proposed car park
- effect of prior development consent granted in relation to land on a consent authority’s power to grant consent to a subsequent inconsistent development application
- permissibility of proposed camping area
- permisssibility of proposed ecotourism facility
- the retrospective approval of unauthorised development
- evidentary requirements for the prosecution of unauthorised use in the Local Court
- successful Local Court prosecutions for illegal building work
- relationship between Roads Act and EP&A Act regarding regime for assessment of proposed road works
- requirements for notification of development applications and the notification required if amendments made to application
- lapsing of development consents
Practicing: Government, Planning & Environment
