CESSNOCK CITY COUNCIL v. PETER CAVILL IRELAND and PAMELA IRELAND [1998] NSWLEC 45

Land and Environment Court of New South Wales

CITATION : CESSNOCK CITY COUNCIL v. PETER CAVILL IRELAND and PAMELA IRELAND [1998] NSWLEC 45 PARTIES : CESSNOCK CITY COUNCIL v. PETER CAVILL IRELAND and PAMELA IRELAND FILE NUMBER(S) : 40073 of 1998 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Local Environmental Plan 1997 Warringah Shire Council v Sedevcic (1987) 63 LGRA 365 ("Sedevcic") ; ACR Trading Pty Limited & Anor v Fat-sel Pty Limited & Anor (1987) 11 NSWLR 67 ("Fat-sel"); CASES CITED: Meharg v Newcastle City Council & Ors (40242 of 1998, 13 February 1998 at p 57); Rowley v New South Wales Leather & Trading Co Pty Ltd and Woollahra Municipal Council (1980-82) 46 LGRA 250; Municipality of North Sydney v Ankarindo Pty Limited, McClelland J, 3 November 1983 ("Ankarindo"); Tynan & Ors v Meharg & Newcastle City Council (CA 40119/98) 30 September 1998, per Stein JA, at p7 DATES OF HEARING: 18 August 1998 DATE OF JUDGMENT: 10/19/1998

Mr J E Robson, Barrister LEGAL REPRESENTATIVES: Mr G Newport, Barrister

JUDGMENT: 11

1. In these Class 4 proceedings the Council seeks a declaration that a partially completed building ("the subject building") on lot 1 DP 819282 ("the subject land") at Pokolbin, has been unlawfully constructed, without the consent or approval of the Council.

2. Council also seeks a declaration that the building does not comply with its relevant building approval ("BA 643"), and seeks orders that the respondents be restrained from doing any further building works upon the subject building, and that the subject building be demolished.