NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Warringah Council v Swain [2010] NSWLEC 68
APPLICANT Warringah Council PARTIES : RESPONDENT Jason Lesley Swain
FILE NUMBER(S) : 40768 of 2009
CORAM: Craig J
CIVIL ENFORCEMENT :- breach of s 76A Environmental Planning and Assessment Act 1979 - carrying out development without consent – storage of commercial fishing trawler upon residential premises constitutes development – not development ancillary to the use of the land for the purpose of a dwelling house- single incident of repair to the vessel does not constitute development KEY ISSUES: CIVIL ENFORCEMENT :- failure to comply with an order pursuant to s 124 of the Local Government Act 1993 – order requiring removal of the trawler from the front yard of residential premises due to its unsightly condition in the immediate vicinity of a public road – Order 10 in the Table to s 124 – mandatory injunction granted
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act 1993
Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 CASES CITED: Botany Municipal Council v Stojanovic [1989] NSWLEC 107 Lizzio v Ryde Municipal Council (1983) 155 CLR 211 Tweed Shire Council v Litonia Pty Limited [1993] NSWLEC 144
DATES OF HEARING: 3 May 2010
EX TEMPORE JUDGMENT DATE : 3 May 2010
APPLICANT LEGAL REPRESENTATIVES: Mr C Gough, solicitor of Storey & Gough Lawyers RESPONDENT No appearance
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