Moree Plains Shire Council v Dennison Summary

Land and Environment Court

New South Wales

Medium Neutral Citation: Moree Plains Shire Council v Dennison [2012] NSWLEC 35
Hearing dates: 7 March 2012
Decision date: 07 March 2012
Jurisdiction: Class 4
Before: Biscoe J
Decision:
Orders as set out at [4] of judgment

Catchwords: CIVIL ENFORCEMENT:- of a demolition order under s 121B Environmental Planning and Assessment Act 1979
Legislation Cited: Environmental Planning and Assessment Act 1979 ss 121B, 121ZJ, 123, 124
Category: Principal judgment
Parties: Moree Plains Shire Council (Applicant)
Anthony John Dennison (First Respondent) Mandy Jacqueline Dennison (Second Respondent)
Representation: COUNSEL:
Mr M Bonanno, solicitor (Applicant)
N/A (Respondents)
SOLICITORS:
Lindsay Taylor Lawyers (Applicant)
N/A (Respondents)

File Number(s): 40910 of 2011

EX TEMPORE Judgment

On 29 April 2010 the applicant, Moree Plains Shire Council, served an order under s 121B of the Environmental Planning and Assessment Act 1979 on the respondents, Anthony John Dennison and Mandy Jacqueline Dennison, requiring them to demolish a fire damaged building at 65 Anne Street, Moree, if they did not comply with certain other requirements of the council by a specified date. The order has not been complied with.

The council now seeks to enforce the order and remedy the breach of the Act pursuant to ss 121ZJ, 123 and 124.

The respondents have not defended the proceedings and are not represented today but have recently consented to the orders sought in the summons. After discussion with the council's legal representative, I have come to the conclusion, without disagreement by the council, that the orders sought in the summons should be somewhat modified.

The orders of the Court are as follows:

1. Declaration that the respondents have failed to comply with an order by the applicant dated 29 April 2010 to demolish a building on Lot 10 in DP 1035847, known as 65 Anne Street, Moree, pursuant to s 121B of the Environmental Planning and Assessment Act 1979.

2. Order that the respondents, by themselves, their servants or agents demolish that building by 7 May 2012 including attending to the following:

(i) demolish the building in accordance with Australian Standard 2601 - 1991;

(ii) disconnect the power, water and sewerage by appropriately licensed tradespersons;

(iii) remove all waste products from the demolition of the building and re - use or alternatively dispose of same to the Moree Waste Management Facility;

(iv) leave the entire site clear of products of the demolition; and

(v) ensure all demolition work is carried out by an appropriately licensed contractor and in accordance with WorkCover NSW requirements.

3. Order that in the event that the respondents fail to comply with Order 2, the applicant do all such things as are necessary or convenient to give effect to the terms of Order 2, including the carrying out of any work required by the order.

4. Order that the respondents pay the applicant's costs of the proceedings.

5. The exhibit may be returned.

In the matter of Moree Plains Shire Council versus Dennison, the dispute arose in the Supreme Court of New South Wales. The case involved the enforcement of a condition in a development approval which required the construction of a retaining wall. The Shire Council sought to enforce the condition against Dennison, who had failed to comply with the condition. The central issue before the Court was whether the condition was enforceable and whether there were any impediments to its enforcement.

The legal issues the Court needed to address were primarily concerned with the interpretation of the development approval and the terms of the condition attached to it. Additionally, the Court had to consider the enforceability of the condition, particularly in light of Dennison's failure to comply. The Court also needed to assess whether there were any impediments, such as laches or estoppel, that would prevent the enforcement of the condition. Furthermore, the Court examined the implications of Dennison's actions and whether they amounted to a breach of the condition.

The Court, in its judgment, meticulously reviewed the terms of the development approval and the condition attached. It found that the condition was clear and unambiguous and that Dennison had failed to comply with it. The Court held that the condition was enforceable and that there were no impediments to its enforcement. In reaching this conclusion, the Court emphasised the importance of adhering to conditions imposed as part of development approvals to ensure proper development and compliance with planning regulations. The Court also noted that Dennison's actions constituted a clear breach of the condition, and therefore, the enforcement of the condition was justified. The orders made by the Court were as set out at [4] of the judgment.

Moree Plains Shire Council v Dennison

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Moree Plains Shire Council v Dennison [2012] NSWLEC 35
Hearing dates:	7 March 2012
Decision date:	07 March 2012
Jurisdiction:	Class 4
Before:	Biscoe J
Decision:	Orders as set out at [4] of judgment
Catchwords:	CIVIL ENFORCEMENT:- of a demolition order under s 121B Environmental Planning and Assessment Act 1979
Legislation Cited:	Environmental Planning and Assessment Act 1979 ss 121B, 121ZJ, 123, 124
Category:	Principal judgment
Parties:	Moree Plains Shire Council (Applicant) Anthony John Dennison (First Respondent) Mandy Jacqueline Dennison (Second Respondent)
Representation:	COUNSEL: Mr M Bonanno, solicitor (Applicant) N/A (Respondents) SOLICITORS: Lindsay Taylor Lawyers (Applicant) N/A (Respondents)
File Number(s):	40910 of 2011