Shoalhaven City Council v FB & FA McMahon Pty Ltd and Another [2009] NSWLEC 122

Shoalhaven City Council v FB & FA McMahon Pty Ltd and Another [2009] NSWLEC 122

The construction and use of the concrete driveway constituted development within the meaning of the Environmental Planning and Assessment Act 1979 and had been carried out without consent. Appropriate declaratory and injunctive orders were granted, with suspension pending determination of the related development application.

Jurisdiction
Australia
Judgment Date
20 July 2009
Procedural Posture
Civil Enforcement / Judgment on Consent Orders
Outcome
Declaratory and injunctive orders granted by consent; orders suspended pending outcome of development application; costs reserved.
Legal Topics
['civil Enforcement' 'injunctions' 'declarations' 'development Without Consent']
['planning and Environment'] ['civil Enforcement' 'injunctions' 'declarations' 'development Without Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Enforcement / Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether construction and use of concrete driveway constituted development without consent under the Environmental Planning and Assessment Act 1979' 'Whether final and interim injunctive and declaratory relief should be granted']

Ratio Decidendi

The construction and use of the concrete driveway constituted development within the meaning of the Environmental Planning and Assessment Act 1979 and had been carried out without consent. Appropriate declaratory and injunctive orders were granted, with suspension pending determination of the related development application.

Court Disposition

Declaratory and injunctive orders granted by consent; orders suspended pending outcome of development application; costs reserved.

Orders

  • ['Declaration that the First Respondent carried out construction of the driveway without consent in breach of s 76A of the Environmental Planning and Assessment Act 1979.' 'Declaration that the Second Respondent carried out the use of the driveway by trucks without consent in breach of s 76A of the Act.'...