Great Lakes Council v French [2013] NSWLEC 141

Great Lakes Council v French [2013] NSWLEC 141

The land was being used for purposes not authorised by the existing development consent and a number of buildings had been erected without development consent. Breaches of the Environmental Planning and Assessment Act 1979 were established over a number of years. Orders should be made restraining further unauthorised uses and requiring the respondent to regularise use and structures, with limited, temporary suspension of orders to permit minimal camping use.

Parties
Applicant: Great Lakes Council; Respondent: Andrew French
Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Civil Enforcement Proceedings (class 4) / Judgment After Hearing
Outcome
Orders to be made, subject to finalisation after hearing from parties on draft orders.
Legal Topics
Development Consent, Unauthorised Building Works, Use of Land, Environmental Planning and Assessment Act 1979, Enforcement Orders
Environmental Planning Local Government Law Development Consent Unauthorised Building Works Use of Land Environmental Planning and Assessment Act 1979 Enforcement Orders

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Parties

Great Lakes Council

Applicant

Andrew French

Respondent

Procedural Posture

Civil Enforcement Proceedings (class 4) / Judgment After Hearing

Legal Issues

  1. 1 Whether land is being used contrary to development consent
  2. 2 Whether buildings were constructed without development consent
  3. 3 Whether orders restraining use and requiring demolition should be made

Ratio Decidendi

The land was being used for purposes not authorised by the existing development consent and a number of buildings had been erected without development consent. Breaches of the Environmental Planning and Assessment Act 1979 were established over a number of years. Orders should be made restraining further unauthorised uses and requiring the respondent to regularise use and structures, with limited, temporary suspension of orders to permit minimal camping use.

Court Disposition

Orders to be made, subject to finalisation after hearing from parties on draft orders.

Orders

  • Restraining order on unauthorised camping and use of land, suspended for 12 months to permit low-level camping with horse riding business.
  • Restriction on use for festivals, concerts, and parties.