Georges River Council v Stojanovski [2018] NSWLEC 125

Georges River Council v Stojanovski [2018] NSWLEC 125

The respondents breached s 4.2 of the EPAA by carrying out and using works for which development consent was required but not obtained, and in view of continued non-compliance, unknown risks relating to safety and regulation, and the absence of evidence of hardship, demolition and restraint orders were the appropriate remedies pursuant to s 9.46 of the EPAA.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Civil Enforcement / Final Orders
Outcome
Orders made for demolition, restraint, costs, and return of exhibits.
Legal Topics
['development Without Consent' 'statutory Discretion' 'demolition Orders']
['planning and Environment'] ['development Without Consent' 'statutory Discretion' 'demolition Orders']

Case Brief

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Procedural Posture

Civil Enforcement / Final Orders

Legal Issues

  1. 1 ['Whether the respondents breached s 4.2 of the Environmental Planning and Assessment Act 1979 by carrying out and using works without development consent' 'Whether the court should exercise its discretion under s 9.46 of the EPAA to order demolition and restrain use']

Ratio Decidendi

The respondents breached s 4.2 of the EPAA by carrying out and using works for which development consent was required but not obtained, and in view of continued non-compliance, unknown risks relating to safety and regulation, and the absence of evidence of hardship, demolition and restraint orders were the appropriate remedies pursuant to s 9.46 of the EPAA.

Court Disposition

Orders made for demolition, restraint, costs, and return of exhibits.

Orders

  • ['Declaration that first respondent carried out unlawful development without consent' 'Order restraining first respondent from using sheds for habitation without consent' 'Order requiring demolition of unlawful structures within 28 days' 'Order that first respondent pay applicant’s costs' 'Order for exhibit return']