Shellharbour City Council v Cooper [2010] NSWLEC 122

The respondents breached the Environmental Planning and Assessment Act 1979 by carrying out development for the storage of a shipping container without consent and by failing to comply with a council order requiring removal; declarations and orders for removal and costs are appropriate.

Parties: Applicant: Shellharbour City Council; First Respondent: Paul Cooper; Second Respondent: Antonia Cooper
Jurisdiction: Australia
Judgment Date: 09 July 2010
Procedural Posture: Application for Injunctive and Declaratory Relief / Final Judgment on Consent Orders
Outcome: declarations and mandatory orders made by consent; costs to applicant
Legal Topics: Development Without Consent, Breach of Council Order, Removal of Shipping Container

Planning and Environment Development Without Consent Breach of Council Order Removal of Shipping Container

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Parties

Shellharbour City Council

Applicant

Paul Cooper

First Respondent

Antonia Cooper

Second Respondent

Procedural Posture

Application for Injunctive and Declaratory Relief / Final Judgment on Consent Orders

Legal Issues

1 Whether the respondents carried out development without development consent in breach of s 76A(1) of the Environmental Planning and Assessment Act 1979
2 Whether respondents failed to comply with council order under s 121B of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

Court Disposition

declarations and mandatory orders made by consent; costs to applicant

Orders

Declaration respondents carried out development for storage of shipping container without consent
Declaration respondents breached Environmental Planning and Assessment Act 1979 by failing to comply with council order