Richmond Valley Council v Willis [2009] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Richmond Valley Council v Willis [2009] NSWLEC 195

PLAINTIFF PARTIES : Richmond Valley Council DEFENDANT David Martin John Willis

FILE NUMBER(S) : 40395 of 2009

CORAM: Pain J

KEY ISSUES: CIVIL ENFORCEMENT :- failure to carry out work in accordance with orders made by Court - consideration of financial circumstances - Defendant given time to carry out works

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B

DATES OF HEARING: 30 October 2009

EX TEMPORE JUDGMENT DATE : 30 October 2009

PLAINTIFF Mr M Seymour LEGAL REPRESENTATIVES: SOLICITORS Hannigans DEFENDANT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

30 October 2009

40395 of 2009 Richmond Valley Shire Council v Willis

EX TEMPORE JUDGMENT 1 Her Honour: Richmond Valley Shire Council (the Council) has filed a summons seeking to enforce orders of the Court made by consent by Hussey C on 11 December 2007. Those orders in turn amended, in part only, an order issued by the Council under s 121B of the Environmental Planning and Assessment Act 1979 (the EP&A Act) on 19 February 2007 to enforce the conditions of development consent granted by the Council in December 2004 for the construction of a rural shed on the Defendant's property at Woodburn Evans Head Road, Doonbah. The conditions of consent stated that the shed was to be used for the storage of agricultural goods and was for use in conjunction with agricultural purposes.