BAULKHAM HILLS SHIRE COUNCIL v. ZOLTAN VARGA [1998] NSWLEC 146 (26 May 1998) [1998] NSWLEC 28

Land and Environment Court of New South Wales

CITATION : BAULKHAM HILLS SHIRE COUNCIL v. ZOLTAN VARGA [1998] NSWLEC 146 (26 May 1998) [1998] NSWLEC 28 PARTIES : BAULKHAM HILLS SHIRE COUNCIL v. ZOLTAN VARGA [1998] NSWLEC 146 (26 May 1998) FILE NUMBER(S) : 40328 of 1997 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993: s124; 672-4 CASES CITED: DATES OF HEARING: 26 May 1998 DATE OF JUDGMENT: 05/26/1998

Mr B Preston, Barrister LEGAL REPRESENTATIVES: Mr A Ali, Agent

JUDGMENT:

In these class 4 proceedings the Council seeks declaratory and mandatory injunctive relief in respect of a partly constructed dwelling house on premises known as 24 Telford Road, Castle Hill, owned by the Respondent.

There is a long history (including considerable litigation) between the parties involving various aspects of the partly constructed building on the subject premises, development consent and building approval having been originally granted to a structure in 1992. However by September 1994 when the adjoining neighbour raised complaint to the Council claiming that the building in course of construction did not comply with the approval, that is the building approval or the development consent, following investigations by the Council work on the project essentially came to an end on or about that time and so that state of affairs has continued for these past (nearly) four years. Although that is the present condition and immediate past condition of the subject land and the partly constructed building, in the intervening period there has been a welter of applications to the Council and appeals to this Court in respect of that structure and in respect of applications made by the Respondent to obtain further or modified approvals and consents. They have all hitherto failed.