Shoalhaven City Council v Igor Lepan [2018] NSWLEC 57

Shoalhaven City Council v Igor Lepan [2018] NSWLEC 57

The agreed facts and evidence established that the Respondent erected and used the dwelling and shade structure without development consent, contrary to the Environmental Planning and Assessment Act 1979 and applicable planning controls. Having reviewed the statutory law, planning controls, evidence and authorities, the Court was satisfied that the consent orders requiring demolition and/or removal of the structures and payment of costs were within power, appropriate, fair and just.

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Class 4 Civil Enforcement Proceedings Concerning the Carrying Out of Works Without Development Consent / Consent Orders Hearing; Principal Judgment
Outcome
Consent orders made requiring demolition and/or removal of the dwelling and shade structure and payment of the Applicant's costs.
Legal Topics
['development Without Development Consent' 'unlawfully Constructed Dwelling and Structure' 'demolition and Removal Orders' 'consent Orders' 'jerberra Estate Planning Controls']
['planning and Environment Law' 'civil Enforcement'] ['development Without Development Consent' 'unlawfully Constructed Dwelling and Structure' 'demolition and Removal Orders' 'consent Orders' 'jerberra Estate Planning Controls']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings Concerning the Carrying Out of Works Without Development Consent / Consent Orders Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the respondent breached s 4.2 of the Environmental Planning and Assessment Act 1979 by erecting and using a dwelling and associated structure without development consent.' 'Whether the Court should exercise its discretion to make consent orders requiring demolition and/or removal of the unlawful dwelling and shade structure.' 'Whether the proposed consent orders were lawful, appropriate, fair and just.']

Ratio Decidendi

The agreed facts and evidence established that the Respondent erected and used the dwelling and shade structure without development consent, contrary to the Environmental Planning and Assessment Act 1979 and applicable planning controls. Having reviewed the statutory law, planning controls, evidence and authorities, the Court was satisfied that the consent orders requiring demolition and/or removal of the structures and payment of costs were within power, appropriate, fair and just.

Court Disposition

Consent orders made requiring demolition and/or removal of the dwelling and shade structure and payment of the Applicant's costs.

Orders

  • ["The respondent is to demolish and/or remove from the Land the Dwelling marked 'A' and the shade structure located to east of the Dwelling marked 'B' within six months of the date of these orders, and all demolished materials and debris is to be removed from the Land within six months of the date of these orders."...