Hunters Hill Council v Fraser

The Hunter Hill Council sought an injunction against the Frasers, requiring the removal of a water tank enclosure from their property and the restoration of the land to its original condition. The Council argued that the enclosure was built without the required local government approval. The Frasers disputed the claims, arguing that the enclosure was a legitimate structure that did not require approval. The matter was heard by the Supreme Court of New South Wales. The primary issue for the court to determine was whether the water tank enclosure constituted a structure that required approval from the local council. The court had to consider the nature and purpose of the enclosure, and whether it could be classified as a structure under the local planning laws. The Frasers argued that the enclosure was a legitimate feature of their property and did not require approval. However, the court found that the enclosure was indeed a structure that required approval. The court noted that the enclosure had a solid roof and walls, and was used to store water tanks. It was not merely a temporary feature or a garden structure, but a permanent and substantial addition to the property. The court ordered the Frasers to remove the enclosure and restore the land to its original condition, subject to a stay of four months to allow for the parties to agree on the final form of the orders and costs. The court also required the Frasers to remove the timber canopy from the top of the enclosure within 30 days of the order. The court's decision highlights the importance of obtaining the necessary approvals before constructing any structures on one's property, and the potential consequences of failing to do so.