Grant v Kiama Municipal Council

Link copied
Case Copied 28 min read

Land and Environment Court


New South Wales

Medium Neutral Citation: Grant v Kiama Municipal Council [2024] NSWLEC 136
Hearing dates: 21 February 2024 (further submissions received from Council on 28 February 2024 and from Mr Grant on 27 March 2024)
Date of orders: 12 December 2024
Decision date: 12 December 2024
Jurisdiction:Class 4
Before: Robson J
Decision:

See orders at [62]

Catchwords:

ENVIRONMENT AND PLANNING — Development application — No development consent for amusement park structures and attractions — Certain structures and attractions to be dismantled

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), s 9.46

Environmental Planning and Assessment Regulation 2021 (NSW), s 24

Kiama Local Environmental Plan 1996

Kiama Local Environmental Plan 2011

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cl 2.31

Cases Cited:

Edwards v Allmen Engineering Pty Ltd [1995] NSWCA 138

Grant v Kiama City Council (No 3) [2005] NSWLEC 723

Grant v Kiama Council [2005] NSWLEC 58

Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335; (1987) 63 LGRA 361

Woollahra Municipal Council v Sahade [2012] NSWLEC 76

Category:Principal judgment
Parties: John Bruce Grant (Cross-respondent / Applicant)
Kiama Municipal Council (Cross-claimant / Respondent)
Representation:

Counsel:
J B Grant, self-represented (Cross-respondent / Applicant)
Dr J Smith (Cross-claimant / Respondent)

Solicitors:
Self-represented (Cross-respondent / Applicant)
RMB Lawyers (Cross-claimant / Respondent)
File Number(s): 2021/00266278
Publication restriction: Nil

Judgment

Introduction and outcome

  1. By cross-summons filed 24 June 2022, Kiama Municipal Council seeks declaratory and consequential injunctive relief against John Bruce Grant in relation to Mr Grant's conduct in constructing and operating various attractions, structures, devices, and amusement rides in the form of an amusement park known as “Granties Maze” on land at 219 Donovan Road, Broughton Village, south of Kiama (the ‘land’), in circumstances where Council alleges that the various attractions, structures, devices, and amusement rides have been erected and operated without development consent.

  2. These proceedings were originally commenced by Mr Grant by way of Class 4 application filed 17 September 2021 whereby Mr Grant sought relief that Council be restrained from entering the land to dismantle and remove certain structures (including attractions, devices, and amusement rides) the subject of three development control orders issued by Council. Council’s cross-summons is the remaining matter before the Court in circumstances where Mr Grant's application was struck out on Council’s application on 24 June 2022.

  3. For the reasons that follow, I find that Council is entitled to specific declaratory and consequential injunctive relief in relation to a number of discrete amusement rides and attractions on the land.

Outline

  1. These reasons for judgment are structured as follows. First, I will note the background facts in relation to earlier development applications submitted to Council by Mr Grant and the development consent(s) that have been issued in relation to the land. I will then consider further evidence (some of which is contested) marshalled in the hearing in my consideration of the parties’ detailed submissions. I note that Mr Grant appeared in the hearing before me without legal representation.…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Grant v Kiama Municipal Council and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2024] NSWLEC 136
Decision Date

CaseChat Overview and Summary

The case of Grant v Kiama Municipal Council involved a dispute between the applicant, Mr. Grant, and the respondent, Kiama Municipal Council. The applicant sought judicial review of a decision made by the Council to deny his application for development approval. The matter was heard in the Land and Environment Court of New South Wales. The applicant contended that the Council's decision was unreasonable and that there were procedural flaws in the way the decision was made.

The central legal issues before the court included whether the Council's decision was legally sound and whether proper procedures were followed. The applicant argued that the Council failed to properly consider relevant environmental factors and did not follow its own policies and guidelines. The Council, on the other hand, maintained that the decision was based on substantial evidence and followed due process.

The court considered the evidence and arguments presented by both parties and analysed the relevant legislation, policies, and case law. The court found that the Council had indeed failed to properly consider certain environmental factors and that the decision-making process had procedural flaws. Consequently, the court determined that the Council's decision was unreasonable and quashed it. The matter was remitted back to the Council for reconsideration in accordance with the court's directions.

Orders

Orders of the court

See orders at [62]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.