Camden Council v Rafailidis (No 2) [2012] NSWLEC 125

Land and Environment Court New South Wales

Medium Neutral Citation: Camden Council v Rafailidis (No 2) [2012] NSWLEC 125 Hearing dates: 30 May 2012 Decision date: 30 May 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: Order 2 made on 5 March 2012 is stayed on condition that the respondents file and serve a Class 1 appeal against the Council's refusal of their development application of May 2012 on or before 31 May 2012. Catchwords: CIVIL ENFORCEMENT:- failure by respondents to comply with condition of consent for construction of a dwelling that they demolish existing dwelling - whether Court order for demolition of the existing dwelling should be stayed to enable respondents to appeal against Council refusal of development consent for retention of the dwelling as a secondary dwelling. Legislation Cited: Civil Procedure Act 2005 s 67 Environmental Planning and Assessment Act 1979 s 96 Land and Environment Court Act 1979 s 34 Camden Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 47, 49, 50, Part 3 Cases Cited: Camden Council v Rafailidis [2012] NSWLEC 51 Category: Consequential orders Parties: Camden Council (Applicant) Efrem Rafailidis (First Respondent) Koula Rafailidis (Second Respondent) Representation: COUNSEL: Mr M Bonanno, solicitor (Applicant) Mr M Vassili, solicitor (Respondents) SOLICITORS: Lindsay Taylor Lawyers (Applicant) Vassili Fozzard Lawyers (Respondents) File Number(s): 40855 of 2011