Lismore City Council v Vivian [2016] NSWLEC 108

Land and Environment Court New South Wales

Medium Neutral Citation: Lismore City Council v Vivian [2016] NSWLEC 108 Hearing dates: 23 August 2016 Date of orders: 23 August 2016 Decision date: 23 August 2016 Jurisdiction: Class 4 Before: Pain J Decision: See par [22] Catchwords: CIVIL ENFORCEMENT – impermissible residential use of caravans and structure without development consent under the Environmental Planning and Assessment Act or approval under the Local Government Act – enforcement orders made Legislation Cited: Civil Procedure Act 2005, s 98 Environmental Planning and Assessment Act 1979, ss 76A, 118K, 121B Land and Environment Court Act 1979, s 23 Lismore Local Environmental Plan 2012, cl 4.2B Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, cll 4, 77 Local Government Act 1993, ss 68, 124, 132 Uniform Civil Procedure Rules 2005, r 40.8 Cases Cited: Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Category: Principal judgment Parties: Lismore City Council (Applicant) Tara Vivian (Respondent) Representation: COUNSEL: M Young (Applicant) N/A (Respondent)

SOLICITORS: McCartney Young Lawyers (Applicant) N/A (Respondent) File Number(s): 2016/160500

EX TEMPORE Judgment 1. These civil enforcement proceedings commenced by Lismore City Council (the Council) concern property at 28 Sandy Point Road, Monaltrie (the Property) where breaches of s 76A of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and s 68 of the Local Government Act 1993 (NSW) (LG Act) are alleged to be occurring. The Respondent Ms Vivian owns the Property. The Respondent did not appear at the hearing today and I earlier determined that it was appropriate to proceed ex parte as the Respondent was aware of today's hearing. The Respondent made no approach to the Court in relation to the hearing today and has not appeared at any mention of the matter in court at any stage. No appearance was filed on her behalf. 2. The summons seeks declarations which are no longer pressed. Orders are sought in relation to the location and use for residential purposes of three caravans and a corrugated iron and wood structure in which one of the caravans is located on rural RU1 zoned land owned by the Respondent in a flood prone area along the Wilsons River.