Tweed Shire Council v Taylor [2019] NSWLEC 45

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Shire Council v Taylor [2019] NSWLEC 45 Hearing dates: 14 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: (1) Orders the respondents not to use the building identified in the Identification survey and photographs attached to the Development Control Order issued by Tweed Shire Council on 20 April 2018 to the respondents ("the Building") erected on a Crown road reserve and land in Lot 5 DP 631620, known as 656 Upper Crystal Creek Road, Upper Crystal Creek ("the Land") for the purpose of a serviced apartment. (2) Orders the respondents, within 3 months of the date of these orders, to demolish and remove the Building and leave the Land and Crown road reserve in a state free of residual building materials. (3) Grants liberty to the parties to apply to vary, replace or supplement Order 2 on sufficient cause being shown. (4) Orders the respondents to pay the applicant's costs of the proceedings. Catchwords: CIVIL ENFORCEMENT – unlawful erection and use of a building – appropriate order to remedy breach – whether demolition of building appropriate – demolition ordered Legislation Cited: Civil Procedure Act 2005 Crown Land Management Act 2018 Environmental Planning and Assessment Act 1979 Planning for Bush Fire Protection 2006 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Tweed Local Environmental Plan 2014 Uniform Civil Procedure Rules 2005 Cases Cited: Barton v Orange City Council [2008] NSWLEC 104 Canterbury City Council v Mihalopoulos [2010] NSWLEC 248 Congregational Christian Church Samoa Parish of Sydney v Georges River Council [2017] NSWLEC 71 Fairfield City Council v Ly [2008] NSWLEC 322; Georges River Council v Stojanovski [2018] NSWLEC 125 Glaser v Poole [2010] NSWLEC 143 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Nader v Sutherland Shire Council [2008] NSWCA 265 Sutherland Shire Council v Nader (No 3) [2007] NSWLEC 469 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Woollahra Municipal Council v Sahade [2012] NSWLEC 76 Category: Principal judgment Parties: Tweed Shire Council (Applicant) Murray Arthur Taylor (First Respondent) Jerri Harrison Taylor (Second Respondent) Representation: Counsel: Mr N Eastman (Applicant) Murray Arthur Taylor (First Respondent) (Self-represented) Jerri Harrison Taylor (Second Respondent) (Self-represented)