Shoalhaven City Council v Reid [2011] NSWLEC 193

Land and Environment Court New South Wales

Medium Neutral Citation: Shoalhaven City Council v Reid [2011] NSWLEC 193 Hearing dates: 31 October 2011 Decision date: 31 October 2011 Jurisdiction: Class 4 Before: Craig J Decision: (1)An order that the first respondent, his servants and agents be restrained from using or permitting to be used, the land being lots 161 and 162 in DP 11629, known as 162 Inglewood Crescent Tomerong or the buildings or structures standing on that land that were erected without obtaining consent therefore under Part 4 of the Environmental Planning and Assessment Act 1979. (2)Order that the first respondent, his servants and agents take all reasonable steps to prevent the use by any person of the land described in Order 1 or of any building or structure erected on that land, including notifying any successors in title of this order, until there is obtained consent for the use of that land and any structures erected on it in accordance with the Environmental Planning and Assessment Act 1979. (3)Orders 1 and 2 are stayed up to and including 30 November 2011. (4)The first respondent is to pay the applicant's costs. (5)Exhibits may be returned. Catchwords: CIVIL ENFORCEMENT - breach of s 76A of the Environmental Planning and Assessment Act 1979 - withdrawal of defendant from hearing - discretion - orders Legislation Cited: Environmental Planning and Assessment Act 1979 Shoalhaven Local Environmental Plan 1985 Cases Cited: Shoalhaven City Council v Bonner [2010] NSWLEC 251 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Shoalhaven City Council (Applicant) Robert Wayne Reid (First Respondent) Barbara Ann Smithers (Second Respondent) Representation: Mr S Free (Applicant)