Shoalhaven City Council v Bonner [2010] NSWLEC 251

Shoalhaven City Council v Bonner [2010] NSWLEC 251

The court exercised its discretion to stay the cease use order for about nine months, considering both the public interest in planning enforcement and the respondents’ significant financial and personal hardship, rather than the longer stay sought by the respondents or the shorter period preferred by the council.

Parties
Applicant: Shoalhaven City Council; First Respondent: Glen Michael Bonner; Second Respondent: Kim Louise Bonner
Jurisdiction
Australia
Judgment Date
02 December 2010
Procedural Posture
Civil Enforcement / Judgment
Outcome
Orders for demolition/removal of dwelling and associated improvements made; orders stayed for three years; cease use order made and stayed for nine months; liberty to apply for permanent stay if rezoning occurs; costs reserved.
Legal Topics
Unlawful Construction, Removal of Dwelling, Stay of Orders, Discretion Under EPA Act
Planning and Environment Law Unlawful Construction Removal of Dwelling Stay of Orders Discretion Under EPA Act

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Parties

Shoalhaven City Council

Applicant

Glen Michael Bonner

First Respondent

Kim Louise Bonner

Second Respondent

Procedural Posture

Civil Enforcement / Judgment

Legal Issues

  1. 1 Whether demolition/removal order for unlawfully constructed dwelling should be made and duration of stay
  2. 2 Whether cease use order should be stayed and for how long

Ratio Decidendi

The court exercised its discretion to stay the cease use order for about nine months, considering both the public interest in planning enforcement and the respondents’ significant financial and personal hardship, rather than the longer stay sought by the respondents or the shorter period preferred by the council.

Court Disposition

Orders for demolition/removal of dwelling and associated improvements made; orders stayed for three years; cease use order made and stayed for nine months; liberty to apply for permanent stay if rezoning occurs; costs reserved.

Orders

  • Respondents to remove dwelling and associated improvements on Lot 104 DP 11629.
  • Order 1 stayed until and including 31 December 2013.