Pittwater Council v Martoriati [2012] NSWLEC 131

Land and Environment Court New South Wales

Medium Neutral Citation: Pittwater Council v Martoriati [2012] NSWLEC 131 Hearing dates: 7 May and 23 May 2012 Decision date: 23 May 2012 Jurisdiction: Class 4 Before: Preston CJ Decision: Orders as set out at [100] Catchwords: CIVIL ENFORCEMENT - respondent property owner excavated behind, beside and under house, constructed steel frame to support house and dumped spoil without development consent - owner's actions caused instability and structural inadequacy of the house and property - court made interlocutory orders that certain remedial works be carried out and a structural engineer inspect steel frame supporting the house - emergency order issued by the council in response to engineer's inspection report - emergency order and remedial orders of court not complied with - breaches of s 76A of the Environmental Planning and Assessment Act 1979 and s 672 of the Local Government Act 1993 established - declarations of breaches made - respondent restrained from carrying out further works without development consent and ordered to vacate property and carry out remedial works - respondent ordered to pay applicant's costs Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4, 76A, 121B Local Government Act 1993 ss 124, 129, 672 Category: Principal judgment Parties: Pittwater Council (Applicant) Mr Marco Martoriati (Respondent) Representation: Mr J A Ayling SC with Ms J K Taylor (Applicant) Mr P de Lord (Agent for Respondent on 7 May 2012) Mr P Freeman (Agent for Respondent on 23 May 2012) King & Wood Mallesons (Applicant) File Number(s): 40251 of 2012