Blue Mountains City Council v Dunn [2012] NSWLEC 140

Blue Mountains City Council v Dunn [2012] NSWLEC 140

Declaration was appropriate as evidence established ongoing illegal use of the property as a self-storage unit and junk yard in contravention of the Local Environmental Plan 2005 and section 76B of the Environmental Planning & Assessment Act 1979; consent orders were just and provided clear timelines for remediation.

Parties
Applicant: Blue Mountains City Council; First Respondent: Miles Cameron Maris Dunn; Second Respondent: Richard Barry Dunn
Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Class 4 / Judgment Following Consent and Declaration Hearing
Outcome
Declaration and consent orders made as set out in the judgment.
Legal Topics
Injunctions and Declarations, Illegal Use of Land, Environmental Harm, Court Orders, Compliance With Planning Laws
Environmental Law Planning Law Injunctions and Declarations Illegal Use of Land Environmental Harm Court Orders Compliance With Planning Laws

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Parties

Blue Mountains City Council

Applicant

Miles Cameron Maris Dunn

First Respondent

Richard Barry Dunn

Second Respondent

Procedural Posture

Class 4 / Judgment Following Consent and Declaration Hearing

Legal Issues

  1. 1 Whether the use of the land as a self-storage unit or junk yard is prohibited under the Local Environmental Plan 2005 and section 76B of the Environmental Planning & Assessment Act 1979
  2. 2 Appropriate orders for clean-up and cessation of illegal use

Ratio Decidendi

Declaration was appropriate as evidence established ongoing illegal use of the property as a self-storage unit and junk yard in contravention of the Local Environmental Plan 2005 and section 76B of the Environmental Planning & Assessment Act 1979; consent orders were just and provided clear timelines for remediation.

Court Disposition

Declaration and consent orders made as set out in the judgment.

Orders

  • Declaration that the use of the land as a self-storage unit and/or junk yard is in breach of section 76B of the Environmental Planning & Assessment Act 1979 and prohibited under the Local Environmental Plan 2005.
  • First and Second Respondents restrained from continuing such use.