Ryde City Council v Sedaca and Anor [2001] NSWLEC 131

Land and Environment Court of New South Wales

CITATION : Ryde City Council v Sedaca and Anor [2001] NSWLEC 131 APPLICANT Ryde City Council PARTIES : RESPONDENTS Sedaca and Anor FILE NUMBER(S) : 40167 of 2000 CORAM: Pearlman J KEY ISSUES: Injunctions and Declarations :- development without consent - removal of vegetation - placement of fill LEGISLATION CITED: Ryde Planning Scheme Ordinance Sydney Regional Environmental Plan No 22 - Parramatta River CASES CITED: DATES OF HEARING: 14/05/2001 EX TEMPORE JUDGMENT DATE : 05/14/2001

APPLICANT Mr D R Parry (Barrister) SOLICITORS Hill Thomson & Sullivan LEGAL REPRESENTATIVES: RESPONDENTS in person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND 40167 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 14 May 2001

RYDE CITY COUNCIL Applicant v OTELLO PETER SEDACA First Respondent MARY ELIZABETH SEDACA Second Respondent

JUDGMENT

1. This is an application by Ryde City Council ("the council") for a number of orders in connection with a property known as 100 Lancaster Avenue, Melrose Park ("the land"). The orders sought by the council are as follows: 1. A declaration that the first and second respondents by themselves, their servants or agents carried out development or caused, permitted or suffered the carrying out of development upon the land being lot 50 DP 15965 known as 100 Lancaster Avenue, Melrose Park and on adjoining public land forming part of the Parramatta River for the purposes of clearing vegetation, removal of soil, placing or tipping of fill and the disposal of waste material including soil without development consent contrary to the Environmental Planning and Assessment Act 1979.