Papadopoulos v Blue Mountains City Council [2015] NSWLEC 164

Land and Environment Court New South Wales

Medium Neutral Citation: Papadopoulos v Blue Mountains City Council [2015] NSWLEC 164 Hearing dates: 22 October 2015 Date of orders: 22 October 2015 Decision date: 22 October 2015 Jurisdiction: Class 1 Before: Craig J Decision: 1. Appeal dismissed 2. The Appellant must pay the Respondent's costs of the appeal Catchwords: APPEAL – s 56A of the Land and Environment Court Act 1979 – appeal against Council order to remove shipping containers from property – appeal to Court pursuant to s 121ZK of the Environmental Planning and Assessment Act 1979 – s 121ZK appeal dismissed – no legal error in Commissioner not discontinuing matter – no right to trial by jury – order by Council does not seek to appropriate property – appeal dismissed – order for costs Legislation Cited: Blue Mountains Local Environmental Plan 2005 Environmental Planning and Assessment Act 1979 (NSW) Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Local Government Act 1993 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Baker v Attorney General for New South Wales [2013] NSWCA 329 Byrnes v The Queen [1999] HCA 38; 199 CLR 1 Papadopoulos v Blue Mountains City Council [2015] NSWLEC 1169 Rafailidis v Roads and Maritime Services [2015] NSWCA 143 Category: Principal judgment Parties: Savvas Papadopoulos (Appellant) Blue Mountains City Council (Respondent) Representation: Counsel: Self-represented (Appellant) R O'Gorman-Hughes (Respondent)