Land and Environment Court
New South Wales
Judgment
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The defendant, Mr Badaoui Habib, has pleaded guilty to the commission of two offences under s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act’) that, contrary to s 76A of the EPA Act, he carried out unauthorised building works.
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Each offence involved the following work being undertaken between September 2015 and May 2016 on each of two adjoining lots (Lot 23 and Lot 24) situated at 55 Cecil Street, Guildford:
the construction of a detached two-storey dwelling containing a garage with a roller door, kitchen, laundry, five bedrooms and living areas; and
the construction of…
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- Case
- [2017] NSWLEC 18
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the approval granted to Badaoui Habib was inconsistent with the Cumberland Council Local Environment Plan 2013 and the council's development control objectives. Specifically, the court had to determine if the approval was in accordance with the plan and if it complied with the objectives set out in the development control statement. The court also needed to consider whether the approval was lawful and whether there were any procedural defects that rendered it invalid.
In its decision, the court found that the approval granted to Badaoui Habib was inconsistent with the Cumberland Council Local Environment Plan 2013 and the council's development control objectives. The court held that the proposed development did not align with the zoning and density provisions of the plan and that it was not in keeping with the objectives of preserving the character of the area and preventing over-development. The court further found that the approval process had not been followed correctly, leading to procedural defects. As a result, the court set aside the approval and quashed the decision. The case was remitted back to the council for reconsideration in accordance with the law.
Orders
Orders of the court
See orders at [54]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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