Parramatta City Council v M E and B D Pty Limited (No 2) [2012] NSWLEC 74

Parramatta City Council v M E and B D Pty Limited (No 2) [2012] NSWLEC 74

The respondent company breached the EPA Act by failing to comply with an order to remove an unauthorised awning and using it without development consent; there was no adequate justification for refusal of remedial or costs orders. Removal was ordered with time for compliance, and costs awarded to the applicant.

Parties
Applicant: Parramatta City Council; Respondent: M E and B D Pty Limited
Jurisdiction
Australia
Judgment Date
12 March 2012
Procedural Posture
Civil Enforcement (class 4) / Consequential Orders Following Breach Finding
Outcome
Remedial orders granted, costs ordered against respondent
Legal Topics
Breach of Planning Controls, Remedial Orders, Costs, Unauthorised Structures
Environmental Law Planning Law Civil Enforcement Breach of Planning Controls Remedial Orders Costs Unauthorised Structures

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Parties

Parramatta City Council

Applicant

M E and B D Pty Limited

Respondent

Procedural Posture

Civil Enforcement (class 4) / Consequential Orders Following Breach Finding

Legal Issues

  1. 1 Whether respondent failed to comply with s 121B order to remove unauthorised awning
  2. 2 Whether remedial orders for removal of awning should be granted
  3. 3 Whether there are discretionary grounds to refuse removal or costs orders

Ratio Decidendi

The respondent company breached the EPA Act by failing to comply with an order to remove an unauthorised awning and using it without development consent; there was no adequate justification for refusal of remedial or costs orders. Removal was ordered with time for compliance, and costs awarded to the applicant.

Court Disposition

Remedial orders granted, costs ordered against respondent

Orders

  • Respondent to remove unauthorised metal awning (specified dimensions and location) within 6 weeks
  • Respondent to pay applicant's costs of the proceedings as agreed or assessed