Sorrenson v Versluis [2023] NSWCATCD 151

Sorrenson v Versluis [2023] NSWCATCD 151

The respondent constructed acoustic panels within the semi-rural zone of Lot 8 without obtaining executive committee consent as required by the by-laws and Housing Design Guidelines, which are valid and not harsh, unconscionable or oppressive under the Act; the respondent must remove the unauthorised structure.

Parties
Applicant: Colin Sorrenson; Respondent: Pieter Versluis; Other Party: Community Association DP 270312
Jurisdiction
Australia
Judgment Date
12 September 2023
Procedural Posture
Application / Principal Judgment
Outcome
Application allowed
Legal Topics
Community Title by Laws, Compliance With Housing/landscape Guidelines, Enforcement of by Laws, Removal of Unauthorised Structures
Land Law Strata and Community Title Administrative Law Community Title by Laws Compliance With Housing/landscape Guidelines Enforcement of by Laws Removal of Unauthorised Structures

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Parties

Colin Sorrenson

Applicant

Pieter Versluis

Respondent

Community Association DP 270312

Other Party

Procedural Posture

Application / Principal Judgment

Legal Issues

  1. 1 Whether the respondent's acoustic panel structure was erected in breach of community association by-laws
  2. 2 Whether the respondent had obtained the necessary consent for the structure
  3. 3 Whether the relevant by-laws were harsh, unconscionable or oppressive under s 130(1) Community Land Management Act 2021 (NSW)

Ratio Decidendi

The respondent constructed acoustic panels within the semi-rural zone of Lot 8 without obtaining executive committee consent as required by the by-laws and Housing Design Guidelines, which are valid and not harsh, unconscionable or oppressive under the Act; the respondent must remove the unauthorised structure.

Court Disposition

Application allowed

Orders

  • The respondent shall remove the structure comprised of acoustic panels constructed on Lot 8 in Community Association DP 270312, to the extent that it is constructed within the semi-rural or open space zone of Lot 8, within two months from the publication of these reasons for decision.