Innes v Camden Council [2007] NSWLEC 329

Innes v Camden Council [2007] NSWLEC 329

The order to demolish and remove the relevant metal structure on Lot 101 was satisfied by the removal of the relevant elements, and the remaining structure is no longer a shed but a fence. As such, the order is amended accordingly and no further time is required for compliance.

Parties
Applicant: John Blair Sibbald Innes; Respondent: Camden Council
Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Appeal / Ex Tempore Judgment Post Hearing
Outcome
appeal upheld
Legal Topics
Section 121 B Order, Demolition Order, Appeal Against Council Order
Planning and Environment Section 121 B Order Demolition Order Appeal Against Council Order

Case Brief

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Parties

John Blair Sibbald Innes

Applicant

Camden Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment Post Hearing

Legal Issues

  1. 1 Whether the section 121B order requiring demolition was properly issued and to what extent it applies to the structures on Lot 101 DP1007725

Ratio Decidendi

The order to demolish and remove the relevant metal structure on Lot 101 was satisfied by the removal of the relevant elements, and the remaining structure is no longer a shed but a fence. As such, the order is amended accordingly and no further time is required for compliance.

Court Disposition

appeal upheld

Orders

  • The order is amended to reflect removal of relevant elements.
  • No additional time is required for compliance, as the order has been satisfied.