Wagga Wagga City Council v Willis [2006] NSWLEC 383

Wagga Wagga City Council v Willis [2006] NSWLEC 383

The evidence established that the identified second-level works at the premises had not been approved and appeared to have been carried out in an unsatisfactory, unworkmanlike manner. It was therefore appropriate to make the declaration sought and to require demolition of the unauthorised works, with distinct timing for the south-western and northern sections to address practical requirements for securing the dwelling, and to award costs to the council because the respondent had not brought the property into conformity with the law or participated in the proceedings.

Jurisdiction
Australia
Judgment Date
26 June 2006
Procedural Posture
Class 4 Application for Declaration and Orders Concerning Development Without Consent / Ex Tempore Judgment
Outcome
Declaration made; demolition orders to be framed consistently with the reasons; respondent ordered to pay the applicant's costs.
Legal Topics
['development Without Consent' 'unauthorised Building Works' 'demolition Orders' 'costs']
['environmental Planning and Assessment' 'land and Environment'] ['development Without Consent' 'unauthorised Building Works' 'demolition Orders' 'costs']

Case Brief

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Procedural Posture

Class 4 Application for Declaration and Orders Concerning Development Without Consent / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether works carried out on the second level of 54 Railway Street, Wagga Wagga were undertaken without the necessary consent under the Environmental Planning and Assessment Act 1979.' 'Whether orders should be made requiring demolition of the unauthorised works.' "Whether the respondent should pay the applicant's costs."]

Ratio Decidendi

The evidence established that the identified second-level works at the premises had not been approved and appeared to have been carried out in an unsatisfactory, unworkmanlike manner. It was therefore appropriate to make the declaration sought and to require demolition of the unauthorised works, with distinct timing for the south-western and northern sections to address practical requirements for securing the dwelling, and to award costs to the council because the respondent had not brought the property into conformity with the law or participated in the proceedings.

Court Disposition

Declaration made; demolition orders to be framed consistently with the reasons; respondent ordered to pay the applicant's costs.

Orders

  • ['Declaration made in the amended Class 4 application.' 'Unauthorised works in the south-western section of the property are to be demolished within twenty-eight days.' 'Unauthorised works in the northern section are to be demolished within twenty-eight days or such further time as the council allows in writing.'...