Trenwith & Ors v Sutherland Shire Council & Anor (No 2) [2006] NSWLEC 491

Land and Environment Court of New South Wales

CITATION : Trenwith & Ors v Sutherland Shire Council & Anor (No 2) [2006] NSWLEC 491 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANTS Jon and Lynette Trenwith Hans and Inga Zoeke PARTIES : William and Rita Korremans FIRST RESPONDENT Sutherland Shire Council SECOND RESPONDENT John Tourvas

FILE NUMBER(S) : 40937 of 2004

CORAM: Pain J

KEY ISSUES: Civil Enforcement :- final orders requiring changes to structure or demolition

CASES CITED: Trenwith & Ors v Sutherland Shire Council and Anor [2005] NSWLEC 143

DATES OF HEARING: 17/05/2006, 17/08/2006

DATE OF JUDGMENT: 09/07/2006

APPLICANTS Mr A Pickles (Barrister) SOLICITORS Macedone Christie Willis LEGAL REPRESENTATIVES: FIRST RESPONDENT Submitting Appearance

SECOND RESPONDENT In Person

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

7 September 2006

40937 of 2004 Trenwith & Ors v Sutherland Shire Council & Anor (No 2)

JUDGMENT ON FINAL ORDERS 1 Her Honour: I gave a judgment in this matter on 29 August 2005 (Trenwith & Ors v Sutherland Shire Council and Anor [2005] NSWLEC 143) where I made a declaration that the structure erected on the Second Respondent's land did not have development consent. I said that I would not make final orders for demolition at that stage but allow time for the parties to confer and reach agreement on possible alternative orders.