Wollongong City Council v Matthew Dominic Fikkers [2023] NSWLEC 52

Wollongong City Council v Matthew Dominic Fikkers [2023] NSWLEC 52

The respondents constructed substantial concrete block walls on their property without development consent, breaching s 4.2(1) EPA Act, and failed to comply with a Demolish Works Order, breaching s 9.37(1) EPA Act. The walls were not exempt development under relevant planning instruments. The appropriate remedy is demolition of specified walls in accordance with the plans attached to the development consent granted by the Court.

Jurisdiction
Australia
Judgment Date
27 April 2023
Procedural Posture
Civil Enforcement Class 4 / Final Judgment and Orders
Outcome
Breaches of EPA Act found; orders made for demolition of specified walls and costs against First Respondent.
Legal Topics
['unlawful Development' 'development Consent' 'enforcement of Orders' 'demolish Works Order']
['environmental Law' 'planning Law' 'local Government Law'] ['unlawful Development' 'development Consent' 'enforcement of Orders' 'demolish Works Order']

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Procedural Posture

Civil Enforcement Class 4 / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the construction of concrete walls required development consent under EPA Act and Wollongong LEP' 'Whether the construction constituted exempt development' 'Whether failure to comply with Demolish Works Order breached s 9.37 EPA Act' 'Appropriate remedy for breach of EPA Act and order']

Ratio Decidendi

The respondents constructed substantial concrete block walls on their property without development consent, breaching s 4.2(1) EPA Act, and failed to comply with a Demolish Works Order, breaching s 9.37(1) EPA Act. The walls were not exempt development under relevant planning instruments. The appropriate remedy is demolition of specified walls in accordance with the plans attached to the development consent granted by the Court.

Court Disposition

Breaches of EPA Act found; orders made for demolition of specified walls and costs against First Respondent.

Orders

  • ['Leave granted to Applicant to file amended summons.' 'Declaration of unauthorised works in breach of s 4.2 EPA Act.' 'Declaration of failure to comply with Demolish Works Order in breach of s 9.37 EPA Act.' 'Order for demolition of walls H, I, J in accordance with approved plans within 60 days.' "Order that First...