Buckley and Love v Lake Macquarie City Council [2012] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Buckley and Love v Lake Macquarie City Council [2012] NSWLEC 1198 Hearing dates: 25 June 2012 Decision date: 25 July 2012 Jurisdiction: Class 1 Before: Hussey C Decision: 11233 of 2011 1. The appeal is dismissed. 2. The s 121B order 260/2011 for the demolition of the BBQ/pergola structure (excluding pavers) at 52 Macquarie Road, Fennell Bay is confirmed with a time period for compliance with the Order of 90 days from the date of these orders. 10245 of 2012 1. The appeal is upheld in part. 2. The Council is directed to issue a Building Certificate in respect of the garage extension to the existing boatshed at 52 Macquarie Road, Fennell Bay within 14 days. 3. The exhibits may be returned except Exhibit 1 (Tabs 8, 9, 10, 11, 12 and 13). Catchwords: BUILDING CERTIFICATE - Refusal to issue Building Certificate because of encroachment on Foreshore Building Line. Section 121B Order requiring demolition of unauthorised structure. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 71 Lake Macquarie Local Environmental Plan 2004 Cases Cited: Hooler & Anor v Sutherland Shire Council [2008] NSWLEC 189 Ireland v Cessnock City Council [1999] LGERA 285 Wehbe v Pittwater Council [2007] 150 LGERA 440 Category: Principal judgment Parties: Peter Maurice Buckley and Felicity Rose Love (Applicants)