Wagga Wagga City Council v Willis [2006] NSWLEC 383

Land and Environment Court of New South Wales

CITATION : Wagga Wagga City Council v Willis [2006] NSWLEC 383

APPLICANT Wagga Wagga City Council PARTIES : RESPONDENT Bradley James Willis

FILE NUMBER(S) : 40300 of 2006

CORAM: Talbot J

KEY ISSUES: :- Declaration:- development without consent.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 26/06/2006

EX TEMPORE JUDGMENT DATE : 06/26/2006

APPLICANT Mr S C Simington (Solicitor) SOLICITORS LEGAL REPRESENTATIVES: Lindsay Taylor Lawyers

RESPONDENT No appearance

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

26 June 2006

40300 of 2006 Wagga Wagga City Council v Willis

JUDGMENT 1 Talbot J: In these proceedings the council is seeking a declaration that works described in the evidence have been carried out generally on the second level of the existing building at the premises 54 Railway Street, Wagga Wagga, without the necessary consent required pursuant to the Environmental Planning and Assessment Act 1979. These works comprise what appear to be an extension of an open deck area at the upper level in the south-western corner of the existing building and an extension beyond bedrooms 1 and 2 in a northerly direction also at the second level. 2 The evidence is that none of these works have been approved and the further evidence is that the works appear to have been carried out in an unsatisfactory, unworkmanlike manner. It is appropriate, therefore, that orders be made whereby the works described be demolished, including those works which support the rear deck area in so far as the upper deck area is unauthorised.