Central Coast Council v Bhandari [2020] NSWLEC 161

Central Coast Council v Bhandari [2020] NSWLEC 161

The respondent used a caravan on the site as a dwelling, in contravention of zoning and planning controls, for a period extending beyond the exemption limit, and without required development consent. The portable toilet was used and retained without approval, and the clean-up order remains unperformed. Given the uncontested evidence and failure to participate, the declarations and operational orders as sought (prohibiting residential use via caravan, prohibiting use/removal of portable toilet, directing site clean-up, and allowing for substituted performance) are appropriate. Costs awarded to applicant.

Parties
Applicant: Central Coast Council; Respondent: Hervinder Pal Singh Bhandari
Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Civil Enforcement Planning / Environmental / Judgment on Amended Summons (ex Parte)
Outcome
Declarations and orders made as sought in the Amended Summons; costs awarded to applicant; substituted performance permitted if respondent fails to comply.
Legal Topics
Use of Caravan as Dwelling, Portable Toilet Without Approval, Breach of Planning Controls, Failure to Comply With Clean Up Order, Costs in Class 4 Proceedings
Planning Law Local Government Law Environmental Law Use of Caravan as Dwelling Portable Toilet Without Approval Breach of Planning Controls Failure to Comply With Clean Up Order Costs in Class 4 Proceedings

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Parties

Central Coast Council

Applicant

Hervinder Pal Singh Bhandari

Respondent

Procedural Posture

Civil Enforcement Planning / Environmental / Judgment on Amended Summons (ex Parte)

Legal Issues

  1. 1 Whether use of a caravan as a dwelling on the site was prohibited under planning controls
  2. 2 Whether installation and use of a portable toilet without approval breached the Local Government Act 1993
  3. 3 Whether the respondent failed to comply with an order to clean up unhealthy and hazardous vegetation

Ratio Decidendi

The respondent used a caravan on the site as a dwelling, in contravention of zoning and planning controls, for a period extending beyond the exemption limit, and without required development consent. The portable toilet was used and retained without approval, and the clean-up order remains unperformed. Given the uncontested evidence and failure to participate, the declarations and operational orders as sought (prohibiting residential use via caravan, prohibiting use/removal of portable toilet, directing site clean-up, and allowing for substituted performance) are appropriate. Costs awarded to applicant.

Court Disposition

Declarations and orders made as sought in the Amended Summons; costs awarded to applicant; substituted performance permitted if respondent fails to comply.

Orders

  • Declaration: The respondent used Lot 33 DP 73917, 24 Roselands Avenue, Wyoming, for residential accommodation by use of a caravan, in breach of s4.3 of the Environmental Planning and Assessment Act 1979, being prohibited development under Gosford Local Environmental Plan 2014.
  • Declaration: The respondent installed a caravan as a moveable dwelling on the land without prior Council approval in breach of s68 of the Local Government Act 1993, not excused by regulatory exemption.