Korena Marie Russell v Camden Council [2018] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Korena Marie Russell v Camden Council [2018] NSWLEC 1159 Hearing dates: 8 and 9 January 2018 Date of orders: 10 January 2018 Decision date: 10 January 2018 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The appeal is upheld. (2) The order issued under section 121B of the Environmental Planning and Assessment Act 1979 by Camden Council dated 21 July 2017for the removal of the mobile structure from the premises at 24A Currans Hill Avenue, Currans Hill is revoked. (3) The exhibits are returned. Catchwords: APPEAL – against order under section 121B of the Environmental Planning and Assessment Act 1979 requiring the removal of structure from the rear yard of residential premises - is the structure mobile a caravan – is development consent required Legislation Cited: Camden local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Movable Dwellings) Regulation 2005 Motor Vehicles Act 1989 Cases Cited: Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Ltd [2009] NSWCA 160; (2009) 167 LGERA 395 T & K Berry v Wollongong Council [2008] NSWLEC 210 Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23; (2009) 165 LGERA 184 Category: Principal judgment Parties: Korena Marie Russell (First Applicant) George Alexander Russell (Second Applicant) Camden Council (Respondent) Representation: Counsel: Mr A Pickles SC (First and Second Applicant)