Moree Plains Shire Council v Dennison [2012] NSWLEC 35

Land and Environment Court New South Wales

Medium Neutral Citation: Moree Plains Shire Council v Dennison [2012] NSWLEC 35 Hearing dates: 7 March 2012 Decision date: 07 March 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: Orders as set out at [4] of judgment Catchwords: CIVIL ENFORCEMENT:- of a demolition order under s 121B Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 ss 121B, 121ZJ, 123, 124 Category: Principal judgment Parties: Moree Plains Shire Council (Applicant) Anthony John Dennison (First Respondent) Mandy Jacqueline Dennison (Second Respondent) Representation: COUNSEL: Mr M Bonanno, solicitor (Applicant) N/A (Respondents) SOLICITORS: Lindsay Taylor Lawyers (Applicant) N/A (Respondents) File Number(s): 40910 of 2011

EX TEMPORE Judgment 1On 29 April 2010 the applicant, Moree Plains Shire Council, served an order under s 121B of the Environmental Planning and Assessment Act 1979 on the respondents, Anthony John Dennison and Mandy Jacqueline Dennison, requiring them to demolish a fire damaged building at 65 Anne Street, Moree, if they did not comply with certain other requirements of the council by a specified date. The order has not been complied with. 2The council now seeks to enforce the order and remedy the breach of the Act pursuant to ss 121ZJ, 123 and 124. 3The respondents have not defended the proceedings and are not represented today but have recently consented to the orders sought in the summons. After discussion with the council's legal representative, I have come to the conclusion, without disagreement by the council, that the orders sought in the summons should be somewhat modified. 4The orders of the Court are as follows: 1.Declaration that the respondents have failed to comply with an order by the applicant dated 29 April 2010 to demolish a building on Lot 10 in DP 1035847, known as 65 Anne Street, Moree, pursuant to s 121B of the Environmental Planning and Assessment Act 1979. 2.Order that the respondents, by themselves, their servants or agents demolish that building by 7 May 2012 including attending to the following: (i)demolish the building in accordance with Australian Standard 2601 - 1991; (ii)disconnect the power, water and sewerage by appropriately licensed tradespersons; (iii)remove all waste products from the demolition of the building and re - use or alternatively dispose of same to the Moree Waste Management Facility; (iv)leave the entire site clear of products of the demolition; and (v)ensure all demolition work is carried out by an appropriately licensed contractor and in accordance with WorkCover NSW requirements. 3.Order that in the event that the respondents fail to comply with Order 2, the applicant do all such things as are necessary or convenient to give effect to the terms of Order 2, including the carrying out of any work required by the order. 4.Order that the respondents pay the applicant's costs of the proceedings. 5.The exhibit may be returned. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 March 2012