NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pittwater Council v Schiliro [2000] NSWLEC 175 APPLICANT Pittwater Council PARTIES : RESPONDENT Schiliro FILE NUMBER(S) : 40021 of 2000 CORAM: Pearlman J KEY ISSUES: Injunctions and Declarations :- placing of fill - earthworks - no development consent - breach of s 121B order under the EP&A Act - exercise of the Court's discretion under s 124 of the EP&A Act Pittwater Development Control Plan No 11 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B, s 124 Pittwater Local Environmental Plan 1993 CASES CITED: Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 DATES OF HEARING: 05/07/00, 06/07/00 DATE OF JUDGMENT: 08/15/2000
APPLICANT Mr R P L Lancaster (Barrister) SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr R J Legg (Solicitor) SOLICITORS Burridge & Legg
JUDGMENT:
IN THE LAND AND 40021 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 15 August 2000
PITTWATER COUNCIL Applicant v LUIGI SCHILIRO Respondent
JUDGMENT
Introduction
1. This case concerns the placing of fill upon a property at Elanora Heights.
2. Pittwater Council seeks declaratory and injunctive relief and, in particular, seeks an order for the removal of the fill.
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