Strathfield Municipal Council v Malass (No 4) [2024] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: Strathfield Municipal Council v Malass (No 4) [2024] NSWLEC 22 Hearing dates: 9, 10, 24 October 2023, 2 February 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Class 4 Before: Pain J Decision: See below in [75]. Catchwords: CIVIL ENFORCEMENT – multiple breaches of Environmental Planning and Assessment Act 1979 (NSW) established in relation to building of dwelling – failure to comply with development consent and construction certificate – failure to comply with stop work order issued under the Environmental Planning and Assessment Act 1979 (NSW) – failure to comply with compliance order issued under the Environmental Planning and Assessment Act 1979 (NSW) – exercise of discretion to make declarations of breaches of Environmental Planning and Assessment Act 1979 (NSW) and consequential orders requiring demolition and construction in compliance with development consent and construction certificate – costs Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.2, 4.55, 6.9, 9.34, 9.37, 9.46, Sch 5 Environmental Planning and Assessment Regulation 2021 (NSW), cll 36, 39 Land and Environment Court Rules 2007 (NSW), r 7.7 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW), cl 3.2 Strathfield Local Environmental Plan 2012 (NSW) Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Great Lakes Council v Lani (2007) 158 LGERA 1; [2007] NSWLEC 681 Malass v Strathfield Municipal Council [2020] NSWLEC 168 Malass v Strathfield Municipal Council [2022] NSWLEC 131 Malass v Strathfield Municipal Council [2022] NSWLEC 1160 Strathfield Municipal Council v Malass [2022] NSWLEC 132 Tweed Shire Council v Cooke [2023] NSWLEC 73 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Texts Cited: Strathfield Municipal Council, Interim Flood Prone Lands Policy (7 December 1999) 2017 Aitken Flood Report Category: Principal judgment Parties: Strathfield Municipal Council (Applicant) Sarah Malass (Respondent) Representation: Counsel: G. Farland (Applicant) R. Malass (Agent for the Respondent)