Grant v Kiama Municipal Council

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

4. 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.…