Sutherland Shire Council v Perdikaris [2019] NSWLEC 149

The garage and concrete slab were constructed without development consent in breach of the EPAA, cannot be made compliant, and demolition is warranted to remedy the breach and restore the legislative purpose.

Jurisdiction: Australia
Judgment Date: 16 October 2019
Procedural Posture: Class 4 Civil Enforcement / Final Judgment
Outcome: Applicant successful; demolition ordered; costs ordered against first respondent.
Legal Topics: ['development Consent' 'unauthorised Construction' 'discretionary Relief' 'demolition Orders' 'costs']

['environmental Law' 'planning Law' 'civil Procedure'] ['development Consent' 'unauthorised Construction' 'discretionary Relief' 'demolition Orders' 'costs']

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Procedural Posture

Class 4 Civil Enforcement / Final Judgment

Legal Issues

1 ['Whether development consent was required for the garage and slab' 'Whether consent had been obtained' 'Whether the relief sought—demolition—should be granted']

Ratio Decidendi

Court Disposition

Applicant successful; demolition ordered; costs ordered against first respondent.

Orders

['Declaration that freestanding garage and slab were erected without consent in breach of s 4.2 EPAA.' 'First respondent (Mr Perdikaris) to demolish the garage and slab within 28 days.' "First respondent to pay applicant's costs of proceedings." 'Exhibits to be returned.']