Foster v Sutherland Shire Council [2001] NSWLEC 89

Foster v Sutherland Shire Council [2001] NSWLEC 89

The order issued by Sutherland Shire Council under s 121B failed to specify with adequate certainty the prohibited use and did not clearly inform the applicant of his breach or the remedy, rendering the order invalid.

Parties
Applicant: Eric William Foster; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
07 June 2001
Procedural Posture
Class 1 Appeal / Determination of Referred Question of Law
Outcome
Order declared invalid; matter listed for further directions.
Legal Topics
Statutory Enforcement, Validity of Orders, Certainty in Orders, Local Environmental Plans
Planning and Environment Law Statutory Enforcement Validity of Orders Certainty in Orders Local Environmental Plans

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Eric William Foster

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Determination of Referred Question of Law

Legal Issues

  1. 1 Whether the order issued pursuant to s 121B of the Environmental Planning and Assessment Act 1979 is a valid enforcement notice
  2. 2 Whether the order's terms are sufficiently certain
  3. 3 Whether the order provides adequate reasons as required by s 121L of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The order issued by Sutherland Shire Council under s 121B failed to specify with adequate certainty the prohibited use and did not clearly inform the applicant of his breach or the remedy, rendering the order invalid.

Court Disposition

Order declared invalid; matter listed for further directions.

Orders

  • The order dated 4 January 2001 issued by the respondent is not a valid order.
  • Proceedings to be listed before the registrar for directions on 14 June 2001.