Blacktown City Council v Hambly

Blacktown City Council has brought an action against Derek Hambly for contravening provisions of the Environmental Planning and Assessment Act 1979. The Council alleges that Mr Hambly has constructed and occupied several unauthorised structures on various lots of land in Riverstone, contrary to the provisions of the Act and a development control order. The Local Court was required to determine whether Mr Hambly's actions constituted development in breach of the relevant sections of the Act and whether he had complied with the terms of the development control order.

The court considered the evidence presented, including the plans and photographs of the land and structures in question. It concluded that Mr Hambly had indeed carried out prohibited development by erecting and occupying the unauthorised structures. The court found that these structures included caravans, canvas tents, camping cubicles, and temporary shade structures. The court also determined that Mr Hambly had failed to comply with the specific terms of the development control order, which required him to refrain from certain activities on the land.

In light of these findings, the court made several declarations and orders. It declared that Mr Hambly had breached the Environmental Planning and Assessment Act 1979 by erecting and using the unauthorised structures for human habitation. The court also declared that Mr Hambly had failed to comply with the terms of the development control order. As a result, Mr Hambly was ordered to cease using the structures for habitation, remove them from the land, and restore the land to its previous condition. Additionally, he was ordered to pay the Council’s costs of the proceedings.