Central Coast Council v Bhandari [2020] NSWLEC 161

Land and Environment Court New South Wales

Medium Neutral Citation: Central Coast Council v Bhandari [2020] NSWLEC 161 Hearing dates: 23 October 2020 Date of orders: 26 October 2020 Decision date: 23 October 2020 Jurisdiction: Class 1 Before: Moore J Decision: See [44] and orders at Annexure B. Catchwords: CIVIL ENFORCEMENT - use of a caravan as a dwelling where such use is prohibited - use of a portable toilet in conjunction with the caravan without having approval as a wastewater management system - failure to obey an order to clean up unhealthy and hazardous vegetation - Respondent (owner of the site including the caravan and the portable toilet) presently in India - Respondent served with all relevant papers - Respondent indicates that he did not wish to take part in the hearing - Council seeks leave to rely on an Amended Summons - Amended Summons transmitted electronically to the Respondent with the opportunity provided to address the amendments - no reply from the Respondent - hearing proceeded on an ex parte basis - declarations as sought in the Amended Summons appropriate to be made - orders appropriate to be made to require cessation of use of the caravan as a dwelling, removal of the portable toilet from the site and cleaning up the unhealthy vegetation on the site - substituted performance order made to permit the Council to carry out the necessary activities after the expiry of 21 days from the end of the period of time permitted to the Respondent to comply with the orders - declarations and orders made COSTS - costs in Class 4 proceedings ordinarily follow the event - the matters contained in the Amended Summons did not substantially depart from those in the Summons originally commencing the proceedings - the event (being the outcome of the proceedings) was substantially that which had been sought by the Council in the original Summons - appropriate to order that the Respondent pay the Council's costs Legislation Cited: Environment Planning and Assessment Act 1979 Gosford Local Environmental Plan 2014 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005, cl 77A Uniform Civil Procedure Rules 2005, r 40.8 Cases Cited: Sze Tu v Lowe (No 2) [2015] NSWCA 91 Warrumbungle Shire Council v Yongmei Ou [2018] NSWLEC 70 Category: Principal judgment Parties: Central Coast Council (Applicant) Hervinder Pal Singh Bhandari (Respondent) Representation: Counsel: Ms H Irish, barrister (Applicant) No appearance (Respondent)