Sader v Elgammal [2022] NSWLEC 107

Land and Environment Court New South Wales

Medium Neutral Citation: Sader v Elgammal [2022] NSWLEC 107 Hearing dates: 14, 15, 16 and 17 June 2022 Date of orders: 25 August 2022 Decision date: 25 August 2022 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph [123] Catchwords: CIVIL ENFORCEMENT – ss 9.46(1) and 6.32 of Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) – cl 145 of Environmental Planning and Assessment Regulation 2000 (NSW) – consistency of construction certificate and development consent – demolition works and construction of dwelling house – ss 4.2(1)(a) and 4.2(1)(b) of EP&A Act – carrying out of development otherwise than in accordance with the development consent – discretion – whether whole of construction certificate invalid or only that part inconsistent with development consent – adjourned for parties to form appropriate orders Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Amendment Act 2017 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Cases Cited: Carriage v Stockland Development Pty Ltd (No 7) [2004] NSWLEC 148 Coffs Harbour Environment Centre Inc v Ministers for Planning and Coffs Harbour City Council (1994) 84 LGERA 324 Parramatta City Council v Shell Co of Australia Ltd [1972] 2 NSWLR 632 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Mark Sader (First Applicant) Sandra Sader (Second Applicant) Yasser Elgammal (First Respondent) Abdul Hammoud (Second Respondent) The State of New South Wales (Third Respondent) Representation: Counsel: J Steele SC and J Farrell (Applicants) J Reid and L Nurpuri (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent)