NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Carvouni v Kiama Council [2008] NSWLEC 1262
APPLICANT Greg Carvouni PARTIES : RESPONDENT Kiama Council
FILE NUMBER(S) : 10211 of 2008
CORAM: Tuor C
KEY ISSUES: Appeal :- Order to demolish screen fence. Whether exempt development.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 1996
CASES CITED: Vibuild Propriety Limited v Kiama Municipal Council [2007] NSWLEC 643
DATES OF HEARING: 16/06/2008
EX TEMPORE JUDGMENT DATE : 16 June 2008
APPLICANT Mr G. Carvouni, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Mr P.V. Moggach, solicitor of Russell McLelland Brown Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
16 June 2008
10211 of 2008 Greg Carvouni v Kiama Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This is an appeal against an Order No. 2 under Part 6 of Environmental Planning and Assessment Act, 1979 (the Act) issued by Kiama Council on 7 February 2008 requiring the demolition of timber screen fencing between the existing dwelling and the street frontage at 27 Pacific Avenue, Werri Beach.
2 The site, its context, the history of the application and the planning controls are in the Statement of Facts and Contentions. 3 Section 2.3 of Kiama Development Control Plan No. 20 (DCP 20) relevantly provides: Type of Development Exemption Notes Circumstances/Requirements Fences in urban areas (other than fences covered by the Swimming Pools Act 1992). All fences are to be constructed so that they do not prevent the natural flow of stormwater drainage/runoff. These requirements do not set aside the provisions of the Dividing Fences Act 1991. Second hand materials are not permitted You are advised to talk to your neighbour at an early stage and consult the Dividing Fences Act. Maximum height of 1m if constructed of timber, metal or lightweight materials. Boundary Fences Side fences (between the building line and the street or any other public place) and front fences. The height of the fence is measured above natural ground level and includes any retaining wall incorporated into the fence design.
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