NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sutherland Shire Council v Nader [2007] NSWLEC 363
APPLICANT PARTIES : Sutherland Shire Council RESPONDENTS Paul Nader and Haifer Nader
FILE NUMBER(S) : 41183 of 2006
CORAM: Pain J
KEY ISSUES: Civil Enforcement :- whether Court should exercise discretion to order demolition of unauthorised building works
Environmental Planning and Assessment Act 1979 s76A LEGISLATION CITED: Sutherland Shire Local Environment Plan 1996 Sutherland Shire Local Environment Plan 2000
CASES CITED: Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335
DATES OF HEARING: 23 May 2007
EX TEMPORE JUDGMENT DATE : 23 May 2007
APPLICANT Mr R O'Gorman-Hughes SOLICITOR LEGAL REPRESENTATIVES: Home Wilkinson Lowry RESPONDENT Mr Burrell (solicitor) SOLICITOR Burrell Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
23 May 2007
41183 of 2006 Sutherland Shire Council v Nader
EX TEMPORE JUDGMENT 1 Her Honour: These are Class 4 proceedings seeking a declaration that unauthorised building works have been undertaken as part of the construction of a new house pursuant to development consent 03/0981 at 10 Macpherson Place, Illawong by the Respondents, in breach of s 76A of the Environmental Planning and Assessment Act 1979 (the EP&A Act). Orders for removal of those works are also sought. The building is under construction and not yet complete. These proceedings concern building work carried out on the roof.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate