Georges River Council v Stojanovski

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Georges River Council v Stojanovski [2018] NSWLEC 125
Hearing dates:	21 August 2018
Date of orders:	21 August 2018
Decision date:	21 August 2018
Jurisdiction:	Class 4
Before:	Pepper J
Decision:	See orders at [31].
Catchwords:	CIVIL ENFORCEMENT – Development without necessary consent – exercise of discretion to grant appropriate relief – demolition ordered.
Legislation Cited:	Environmental Planning and Assessment Act 1979, ss 4.2, 9.45, 9.46 Hurstville Local Environmental Plan 2012
Cases Cited:	ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Botany Bay City Council v Saab Corp Pty Ltd (2011) 82 NSWLR 171, 183 LGERA 228; [2011] NSWCA 308 Canterbury City Council v Mihalopoulos [2010] NSWLEC 248 F Hannan Pty Ltd v Electricity Commission of New South Wales (No 3) (1985) 66 LGRA 306 Fairfield City Council v Ly [2008] NSWLEC 322 Glaser v Poole [2010] NSWLEC 143 Liverpool Plains Shire Council v Vella (No 2) [2013] NSWLEC 75 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
Texts Cited:
Category:	Principal judgment
Parties:	Georges River Council (Applicant) Steven Stojanovski (First Respondent) Robert Stojanovski (Second Respondent)
Representation:	Counsel: Mr N Eastman (Applicant) N/A (First Respondent) N/A (Second Respondent)   Solicitors: Lindsay Taylor Lawyers (Applicant) N/A (First Respondent) N/A (Second Respondent)
File Number(s):	2018/99739
Publication restriction:	N/A

ex tempore Judgment

The Council Seeks Orders for Demolition of Unlawful Works

1. By summons dated 29 March 2018, Georges River Council (“the Council”) commenced proceedings pursuant to s 9.45 of the Environmental Planning and Assessment Act 1979 (“the EPAA”) in relation to works carried out without development consent in breach of s 4.2 of the EPAA.

2. The application concerns land owned by the respondents, Mr Steven Stojanovski and Mr Robert Stojanovski (“the Stojanovskis”), at Part Lot 68 DP2997, 47 Jersey Avenue, Mortdale and Lot 68 DP 2997, 34 Milsop Place, Mortdale (“the land”).

3. The works carried out on the land by the first respondent, Mr Steven Stojanovski, include:

1. excavation of the land;

2. construction of a concrete slab;

3. construction of two sheds; and

4. use, by him, of the sheds for the purpose of a habitable dwelling.

4. Consent for such works and use is required pursuant to the Hurstville Local Environmental Plan 2012 (“the LEP”), but has not been obtained.

5. The Council seeks orders pursuant to s 9.46 of the EPAA to remedy and restrain the breach by ordering:

1. Mr Steven Stojanovski to be restrained from using the sheds as a habitable dwelling unless and until development consent has been obtained for that use; and

2. demolition of the unlawful structures being the sheds and the concrete slab.

The Proceedings Proceeded Ex Parte

6. Despite being properly served, the Stojanovskis have taken no active steps in the proceedings. They were not present in Court today and the Court proceeded in their absence,…