Ku-Ring-Gai Council v Faigan [2007] NSWLEC 767

Land and Environment Court of New South Wales

CITATION : Ku-Ring-Gai Council v Faigan [2007] NSWLEC 767

APPLICANT PARTIES : Ku-Ring-Gai Council RESPONDENT Mark Faigan

FILE NUMBER(S) : 40383 of 2007

CORAM: Pain J

Civil Enforcement :- whether local government order complied with - exercise of discretion to make order to remove items KEY ISSUES: Civil Enforcement:- whether independent use of front yard for storage and mechanical repairs which required consent under the Environmental Planning and Assessment Act 1979

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act 1993 s 124, s 678(10)

CASES CITED: Baulkham Hills Shire Council v O'Donnell (1990) 69 LGERA 404

DATES OF HEARING: 19 November 2007

EX TEMPORE JUDGMENT DATE : 19 November 2007

APPLICANT Ms L Finn (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Home Wilkinson Lowry RESPONDENT Mr W Purdon SOLICITOR William Purdon Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

19 November 2007

40383 of 2007 Ku-Ring-Gai Council v Faigan

EX TEMPORE JUDGMENT 1 Her Honour: The Council has commenced Class 4 proceedings seeking declarations and orders in relation to, firstly, the breach of an order under s 124 of the Local Government Act 1993 (the LG Act) in relation to 33 Ivey Street, Lindfield (the premises). Secondly the Council alleges that the Respondent is carrying on a use for which development consent is required in breach of the Environmental Planning and Assessment Act 1979 (the EPA Act) at the same premises.