Papadopoulos v Blue Mountains City Council [2015] NSWLEC 1169

Land and Environment Court New South Wales

Medium Neutral Citation: Papadopoulos v Blue Mountains City Council [2015] NSWLEC 1169 Hearing dates: 5 May 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: ORDERS: development without consent Legislation Cited: Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; Blue Mountains Local Environmental Plan 2005 Texts Cited: Blue Mountains Development Control Plan No 33 Category: Principal judgment Parties: Savvas Papadopoulos (Applicant) Blue Mountains City Council (Respondent) Representation: Mr S Papadopoulos, Litigant in Person Mr D Baird, Marsdens Law Group (Respondent) File Number(s): 10919 of 2014

Judgment 1. Blue Mountains City Council issued Order No 2 under Section 121B of the Environmental Planning and Assessment Act 1979 (EP&AAct) requiring the removal of two shipping containers from Mr Papadopoulos' property at 7-9 Richmond Avenue, Medlow Bath. 2. Mr Papadopouls is appealing that Order pursuant to the provisions of s121ZK of the EP&AAct 1979. He is self-represented in the appeal.

The Order 1. On 5 September 2014 the council issued Mr Papadopoulos with Notice of its intention to issue the Order advising the proposed terms of the order required the removal of two shipping containers from his property. The circumstances in which the order was to be given were described as the shipping containers are erected without prior development consent of consent authority in a case where prior development consent is required. 2. The reasons for the proposed order were: * A complaint was received by council from a neighbouring property regarding the unauthorised lopping/removal of trees and shipping containers installed on the property. * An inspection was done by Council's compliance officer confirming that there were shipping containers installed within the rear yard of the property. * The shipping containers are not exempt under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP E&C) for residential properties and has no consent from council. * The shipping containers have a detrimental impact on the streetscape and are out of character with a residential area. 1. A period of 28 days for compliance with the Order was proposed. 2. Mr Papadopoulos lodged a series of correspondence with the council including a representation in September 2014 in accordance with the provisions of s121I of the EP&AAct. 3. Council considered the representation however issued the Order on 13 October 2014. The terms of the Order reflect that of the Notice of Intention to issue the Order. 4. The appeal was filed on 6 November 2014.