Sutherland Shire Council v Nader (No 3) [2007] NSWLEC 469

Sutherland Shire Council v Nader (No 3) [2007] NSWLEC 469

There is no development consent for rooftop use as a terrace; retention of lift shaft at current height would encourage unauthorised use. The works must be demolished to comply with the consent, allowing only minimal increase in plant room size to protect the building.

Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Civil Enforcement / Final Orders
Outcome
Orders for demolition and costs granted
Legal Topics
['unauthorised Building Works' 'demolition Orders' 'development Consent Compliance']
['planning Law' 'environmental Law'] ['unauthorised Building Works' 'demolition Orders' 'development Consent Compliance']

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Procedural Posture

Civil Enforcement / Final Orders

Legal Issues

  1. 1 ['Whether unauthorised building works carried out by the respondents should be demolished to comply with development consent' 'Whether the lift shaft should be retained at its current height and allow access to the roof level' 'Whether partial retention of unauthorised structures is reasonable to protect the building']

Ratio Decidendi

There is no development consent for rooftop use as a terrace; retention of lift shaft at current height would encourage unauthorised use. The works must be demolished to comply with the consent, allowing only minimal increase in plant room size to protect the building.

Court Disposition

Orders for demolition and costs granted

Orders

  • ['Declaration that respondents breached s 76A Environmental Planning and Assessment Act 1979 by carrying out unauthorised works at 10 McPherson Place, Illawong' "Respondents to demolish and remove unauthorised works within 90 days, specifically as outlined in Annexure A to Mr Finn's affidavit of 2 July 2007"...