Cessnock City Council v. Peter Cavill Ireland and Pamela Ireland [1998] NSWLEC 87

Land and Environment Court of New South Wales

CITATION : Cessnock City Council v. Peter Cavill Ireland and Pamela Ireland [1998] NSWLEC 87 APPLICANT Cessnock City Council PARTIES : RESPONDENT Peter Cavill Ireland and Pamela Ireland

FILE NUMBER(S) : 40073 of 1998 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1997 Local Government Act 1993. Warringah Shire Council v Sedevcic (1987) 63 LGRA 365 ("Sedevcic"); ACR Trading Pty Limited & Anor v Fat-sel Pty Limited & Anor (1987) 11 NSWLR 67 ("Fat-sel"); CASES CITED: Meharg v Newcastle City Council & Ors (40242 of 1998, 13 February 1998 at p 57):; Rowley v New South Wales Leather & Trading Co Pty Ltd; Woollahra Municipal Council (1980-82) 46 LGRA 250, DATES OF HEARING: 18/08/98 DATE OF JUDGMENT: 10/09/1998

APPLICANT Mr J E Robson, Barrister Mr G Garside of Cleaves Mallik Gibbs

LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, Barrister Mr D Carson of Lorton Duke & Co

JUDGMENT:

1. In these Class 4 proceedings the Council seeks a declaration that a partially completed building ("the subject building") on lot 1 DP 819282 ("the subject land") at Pokolbin, has been unlawfully constructed, without the consent or approval of the Council.

2. Council also seeks a declaration that the building does not comply with its relevant building approval ("BA 643"), and seeks orders that the respondents be restrained from doing any further building works upon the subject building, and that the subject building be demolished.