Rockdale City Council v Findlay [2004] NSWLEC 592

Rockdale City Council v Findlay [2004] NSWLEC 592

The land was in a 2(a) low density residential zone where development required prior consent, and the elevated annex, caravan platform, support poles, shipping container and elevated caravan were development or structures requiring consent. The caravan was attached to the shipping container and was not moveable. Because the respondent had carried out development without consent, the council was entitled to the declaration and consequential orders. As the council was successful and had sought to avoid litigation, and no sufficient special circumstances justified another order, the respondent was ordered to pay the council's costs.

Jurisdiction
Australia
Judgment Date
27 September 2004
Procedural Posture
Proceedings for Declarations and Consequential Orders Concerning Development Without Consent / Ex Tempore Judgment After Hearing
Outcome
Declaration and consequential orders made in favour of the applicant; respondent ordered to pay the applicant's costs.
Legal Topics
['development Without Consent' 'erection of Structures' 'declarations and Orders' 'costs']
['environmental Planning and Assessment' 'local Government' 'land and Environment'] ['development Without Consent' 'erection of Structures' 'declarations and Orders' 'costs']

Case Brief

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Procedural Posture

Proceedings for Declarations and Consequential Orders Concerning Development Without Consent / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the respondent carried out development on 58 Connemarra Street, Bexley without development consent required by the Rockdale Local Environmental Plan 2000 and the Environmental Planning & Assessment Act 1979.' 'Whether the shipping container, elevated caravan, annex, platform and support poles constituted development or structures requiring consent or approval.' 'Whether the applicant should receive its costs of the proceedings.']

Ratio Decidendi

The land was in a 2(a) low density residential zone where development required prior consent, and the elevated annex, caravan platform, support poles, shipping container and elevated caravan were development or structures requiring consent. The caravan was attached to the shipping container and was not moveable. Because the respondent had carried out development without consent, the council was entitled to the declaration and consequential orders. As the council was successful and had sought to avoid litigation, and no sufficient special circumstances justified another order, the respondent was ordered to pay the council's costs.

Court Disposition

Declaration and consequential orders made in favour of the applicant; respondent ordered to pay the applicant's costs.

Orders

  • ['A declaration that the Respondent has by himself, his servants or agents carried out development or caused, permitted or suffered the carrying out of development being the erection of a building comprising an elevated annex, caravan platform, support poles, shipping container and elevated caravan on lot C DP...