Solanowski v Penrith City Council [2002] NSWCA 175

New South Wales Court of Appeal

CITATION : Solanowski v Penrith City Council [2002] NSWCA 175 FILE NUMBER(S) : CA 40532/99 HEARING DATE(S) : 23 May 2002 JUDGMENT DATE : 18 June 2002

PARTIES : Zsigmond Solanowski (Appellant) Penrith City Council (Respondent) JUDGMENT OF : Mason P at 1; Stein JA at 2; Giles JA at 32

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 40209/97 FILE NUMBER(S) : LOWER COURT Sheahan J JUDICIAL OFFICER :

COUNSEL : Litigant in Person (Appellant) D Miller (Respondent) SOLICITORS : Litigant in Person (Appellant) Phillips Fox (Respondent) CATCHWORDS : LAND AND ENVIRONMENT COURT - local council - unauthorised dumping of waste material without development consent - whether development consent required - ND LEGISLATION CITED : Environmental Planning and Assessment Act 1979 CASES CITED: n/a DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40532/99 LEC 40209/97

MASON P STEIN JA GILES JA

Tuesday, 18 June 2002 Zsigmond SOLANOWSKI v PENRITH CITY COUNCIL

This appeal concerns the unauthorised dumping of waste material on land which lies within the area of the respondent, the Penrith City Council. The appellant, Zsigmond Solanowski, has owned the affected land since 1954. The land is flood prone and for some years, at least since 1996, the appellant has been attempting to raise the height of his land to make it less susceptible to flooding. To this end, the appellant caused or permitted large quantities of waste and fill materials to be deposited and spread on the land. It is common ground that Mr Solanowski has at no time sought development consent from the Council for the dumping of waste on his land or for storage and spreading of such waste material.