Coolamon Shire Council v Sandhill Village Pty Lilmited & Ors [2010] NSWLEC 84

Coolamon Shire Council v Sandhill Village Pty Lilmited & Ors [2010] NSWLEC 84

The building work depicted in the evidence required Council consent and there was conclusive evidence that no consent was in place; accordingly the declaration and agreed consequential orders were appropriate.

Jurisdiction
Australia
Judgment Date
26 May 2010
Procedural Posture
Civil Enforcement / Ex Tempore Judgment on Agreed Declaration and Orders
Outcome
Declaration and agreed orders made; orders 4 and 5 stayed; liberty to apply granted; costs order made.
Legal Topics
['building Work Without Development Consent' 'declaration by Consent' 'stay of Orders' 'costs' 'liberty to Apply']
['planning and Environment' 'building and Development Control' 'civil Enforcement'] ['building Work Without Development Consent' 'declaration by Consent' 'stay of Orders' 'costs' 'liberty to Apply']

Case Brief

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Procedural Posture

Civil Enforcement / Ex Tempore Judgment on Agreed Declaration and Orders

Legal Issues

  1. 1 ['Whether building work carried out on the Farmers Home Hotel required development consent.' 'Whether there was development consent in place for the building work.' 'Whether the Court should make the declaration and consequential orders agreed by the parties.']

Ratio Decidendi

The building work depicted in the evidence required Council consent and there was conclusive evidence that no consent was in place; accordingly the declaration and agreed consequential orders were appropriate.

Court Disposition

Declaration and agreed orders made; orders 4 and 5 stayed; liberty to apply granted; costs order made.

Orders

  • ['The Court made the declaration in paragraph 1 of the short minutes.' 'The Court made the orders in paragraphs 2-5 on the joint and several basis in paragraph 11.' 'Orders 4 and 5 were stayed as provided in order 6.' 'Liberty to apply was granted as detailed in paragraphs 7-9.' 'The usual costs order was made in...