Campbelltown City Council v D'Arcy [2004] NSWLEC 439

Campbelltown City Council v D'Arcy [2004] NSWLEC 439

The installation of metal roller doors without consent constituted a breach of s 76A of the EP&A Act as they were renovations or alterations under LEP 47 and LEP 2002. The need for development consent was not negated by LEP 209 or the DCP. Orders can only be made against parties who are in breach; discretionary...

Source-derived case information.

Parties
Applicant: Campbelltown City Council; Respondent: Vy Ly D'Arcy; Respondent: Talent Ly D'Arcy
Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Civil / Judgment
Outcome
declaration made; orders to be determined after further mention
Legal Topics
Development Consent, Heritage Protection, Exempt Development
Planning and Environmental Law Development Consent Heritage Protection Exempt Development

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Parties

Campbelltown City Council

Applicant

Vy Ly D'Arcy

Respondent

Talent Ly D'Arcy

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did the works require development consent?
  2. 2 Does the court have jurisdiction to make declarations or orders concerning works carried out by a person not party to the proceedings?

Ratio Decidendi

The installation of metal roller doors without consent constituted a breach of s 76A of the EP&A Act as they were renovations or alterations under LEP 47 and LEP 2002. The need for development consent was not negated by LEP 209 or the DCP. Orders can only be made against parties who are in breach; discretionary relief refused regarding window grills as they were installed prior to purchase and are necessary for security.

Court Disposition

declaration made; orders to be determined after further mention

Orders

  • Declaration that Respondents carried out metal roller doors contrary to EP&A Act s 76A.
  • Relief refused regarding window grills.