Bankstown City Council v Ramahi (No 3) [2016] NSWLEC 41

Bankstown City Council v Ramahi (No 3) [2016] NSWLEC 41

The judgment, when read as a whole, required that demolition of the garage be included among the remedial orders, as the erection and location of the garage breached clause 10(1) of Schedule 1 to the State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) and the Environmental Planning and Assessment Act 1979 (NSW).

Jurisdiction
Australia
Judgment Date
19 April 2016
Procedural Posture
Class 4 / Consequential Orders (other Than Costs)
Outcome
Orders made substantially as per the draft short minutes, including demolition of the attached garage and other remedial and declaratory relief.
Legal Topics
['practice and Procedure' 'breach of Environmental Planning and Assessment Act 1979 (nsw)' 'final Orders' 'demolition Orders' 'invalidity of Certificates' 'remedial Orders']
['planning and Environment'] ['practice and Procedure' 'breach of Environmental Planning and Assessment Act 1979 (nsw)' 'final Orders' 'demolition Orders' 'invalidity of Certificates' 'remedial Orders']

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Procedural Posture

Class 4 / Consequential Orders (other Than Costs)

Legal Issues

  1. 1 ['Whether demolition of the attached garage should be included in final orders' 'Whether the erection of the garage was in breach of the Environmental Planning and Assessment Act 1979 (NSW) and State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW)' 'Whether the secondary dwelling complied with statutory setback requirements']

Ratio Decidendi

The judgment, when read as a whole, required that demolition of the garage be included among the remedial orders, as the erection and location of the garage breached clause 10(1) of Schedule 1 to the State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) and the Environmental Planning and Assessment Act 1979 (NSW).

Court Disposition

Orders made substantially as per the draft short minutes, including demolition of the attached garage and other remedial and declaratory relief.

Orders

  • ['Declaration that complying development certificates issued by the Second Respondent are invalid as they were issued in breach of the EPA Act;' 'Declaration that the First Respondent carried out prohibited development, contrary to s 76B of the EPA Act;' 'Declaration that occupation certificates issued by the Second...