Grant v Kiama Municipal Council [2024] NSWLEC 136

Grant v Kiama Municipal Council [2024] NSWLEC 136

Council is entitled to declaratory and injunctive relief as Mr Grant carried out unauthorised development by installing and operating certain amusement rides and structures without development consent. Despite prior opportunities and undertakings, Mr Grant failed to obtain consent. Safety concerns, regulatory non-compliance, and expert evidence justify the order for dismantling and cessation of use of specified items within a specified period.

Parties
Cross Respondent / Applicant: John Bruce Grant; Cross Claimant / Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Class 4 Application and Cross Summons / Final Judgment and Orders
Outcome
Declaratory and injunctive relief granted for removal and cessation of specified amusement rides and attractions; costs awarded to Council.
Legal Topics
Development Application, Development Consent, Amusement Park Structures, Injunctive Relief, Declaratory Relief, Safety and Compliance
Environment and Planning Development Application Development Consent Amusement Park Structures Injunctive Relief Declaratory Relief Safety and Compliance

Case Brief

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Parties

John Bruce Grant

Cross Respondent / Applicant

Kiama Municipal Council

Cross Claimant / Respondent

Procedural Posture

Class 4 Application and Cross Summons / Final Judgment and Orders

Legal Issues

  1. 1 Whether attractions, structures, devices, and amusement rides at 'Granties Maze' were constructed and operated without development consent
  2. 2 Whether the respondent is entitled to declaratory and injunctive relief for removal of unauthorised structures
  3. 3 Extent to which presence and use of certain structures and attractions is outside any existing development consent

Ratio Decidendi

Council is entitled to declaratory and injunctive relief as Mr Grant carried out unauthorised development by installing and operating certain amusement rides and structures without development consent. Despite prior opportunities and undertakings, Mr Grant failed to obtain consent. Safety concerns, regulatory non-compliance, and expert evidence justify the order for dismantling and cessation of use of specified items within a specified period.

Court Disposition

Declaratory and injunctive relief granted for removal and cessation of specified amusement rides and attractions; costs awarded to Council.

Orders

  • Declare that John Bruce Grant carried out or permitted the carrying out of development on specified land comprising the installation, use, and conduct of attractions, structures, devices, and amusement rides described in Annexure B without development consent pursuant to the Environmental Planning and Assessment Act...
  • John Bruce Grant and his employees and agents are restrained from using or permitting others to use or operate, from 28 days from the date of orders, items described in Annexure B to the judgment.