Shoalhaven City Council v Cox [1988] NSWLEC 113

Shoalhaven City Council v Cox [1988] NSWLEC 113

The respondent is in clear breach of Conditions 2D and 2E by failing to install the required cyclone mesh fence and permitting access where it was expressly prohibited; thus, the declaration and orders sought should be granted.

Jurisdiction
Australia
Judgment Date
06 April 1988
Procedural Posture
Class 4 Application / Judgment
Outcome
Declaration and compliance order granted; costs to applicant
Legal Topics
['development Consent Conditions' 'compliance' 'enforcement' 'access Restrictions' 'landscaping Buffers']
['planning Law' 'environmental Law'] ['development Consent Conditions' 'compliance' 'enforcement' 'access Restrictions' 'landscaping Buffers']

Case Brief

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Procedural Posture

Class 4 Application / Judgment

Legal Issues

  1. 1 ['Whether the respondent is in breach of Condition 2D and 2E of development consent' 'Whether discretionary considerations should affect the grant of declaration and order']

Ratio Decidendi

The respondent is in clear breach of Conditions 2D and 2E by failing to install the required cyclone mesh fence and permitting access where it was expressly prohibited; thus, the declaration and orders sought should be granted.

Court Disposition

Declaration and compliance order granted; costs to applicant

Orders

  • ['Declaration made as per paragraph 1 of the application' 'Respondent to comply with Conditions 2D and 2E within 30 days' "Respondent to pay applicant's costs" 'Exhibits may be returned']