Snowy River Shire Council v O'Neill [2001] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : Snowy River Shire Council v O'Neill [2001] NSWLEC 24 APPLICANT: Snowy River Shire Council PARTIES : RESPONDENT: Patrick Anthony O'Neill FILE NUMBER(S) : 40116 of 1997 CORAM: Talbot J KEY ISSUES: Contempt :- proved LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/01/2001 EX TEMPORE JUDGMENT DATE : 01/19/2001

APPLICANT: Mr A Bradbury (Solicitor)

SOLICITORS: Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT: In person

SOLICITORS: N/A

JUDGMENT:

IN THE LAND AND Matter No. 40116 of 1997 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 19 January, 2001

Snowy River Shire Council Applicant v Patrick Anthony O'Neill Respondent

REASONS FOR JUDGMENT

1. HIS HONOUR: Prima facie the circumstances that give rise to a charge of contempt in these proceedings are based upon a simple set of facts. The situation nevertheless is complicated to the extent that not a great deal can be achieved by way of a practical solution to the problems associated with the alleged failure to comply with conditions of consent to development application 77/87 in the absence of an agreement with or further applications to council.

2. The background history of the matter is adequately set out in a judgment delivered by Lloyd J in this Court on 29 April 1998 following a hearing extending over three days in March of that year. His Honour found that the respondent, Mr O'Neill, was in a situation where he had not complied with any or all of the 43 conditions attached to a consent issued by the council on 22 January 1998 in response to development application 77/87 for the approval of an additional 70 sites on an existing caravan park known as Pat's Patch Caravan Park. The respondent has enjoyed the benefit of two earlier consents in relation to the establishment of the caravan park, firstly in 1978 when 25 sites were approved and subsequently in 1980 when an additional 25 sites were approved.