Paul Pang Gerondal and Monica NETTA Gerondal v Minister for Planning

The appeal was against a decision of the ACT Administrative Appeals Tribunal (the “Tribunal”) setting aside a decision made by a delegate of the respondent on 20 December 2002 pursuant to s 256 of the Land (Planning and Environment) Act 1991 (the “Land Act”), and in lieu thereof ordering that the following decision be substituted: The lessees are directed to - (a) comply with the terms of the approval in plans No 26446D, E, and F (or in any amended plans that may be approved in writing by the Territory) to construct extensions to the existing residence and related works on Block 45 Section 37 Waramanga, all the works to be completed by 5 November 2004 or within such further time as may, prior to that date, be agreed in writing by the Territory.(b) clean up the leasehold Block 45 Section 37 Waramanga in accordance with the schedule or within such further times as may, prior to the date specified in the schedule, be agreed in writing by the Territory.The schedule then provided as follows:(1) By or before 31 August 2003, all building materials on the block to be stored inside the residence or the garage or shed or behind the rear building line of the residence, except at times when in use for construction work.(2) By or before 31 August 2003, all wood or timber that is building material (other than material incorporated in buildings on the block) to be stored in such a way that it is not in contact with the soil.(3)By or before 31 August 2003:(a)trim or prune all vegetation on the block that is bamboo that extends beyond any boundary of the block so that it does not extend beyond the boundary, and in such a way that prunings and loppings fall only within the boundaries of the block; and (b)trim, prune, or remove all vegetation on the block that is bamboo, to the reasonable satisfaction of the Territory.(4) By or before 5 November 2004, remove from the block, all unused building material, including any timber offcuts or offcuts of any other material, and any metal, bricks, concrete or masonry other than that which is stored inside the garage or shed or behind the rear building line of the residence.(5) Until 5 November 2004, all building material, offcuts or waste not to be used in construction (other than any material stored in accordance with clause 1), including any timber offcuts or offcuts of any other material, and any metal, bricks, concrete or masonry, to be removed from the block or stored in a miniskip within the boundary of the block.(6) In this schedule “building material” means any material that is to be incorporated in the building or in part of the building on the block.The issues on appeal were wide-ranging but ultimately the Court was concerned only with the question of whether there was an error of law on the part of the Tribunal. The Court considered the grounds of appeal in sequence and concluded that there had been no error of law. The appeal was dismissed and the matter was remitted to the Tribunal to enable it to make further orders in view of the delay that had occurred as a consequence of the appeal and the fact that some of the dates specified in the orders had already expired whilst others were so imminent that compliance by those dates may now be unreasonable. The appellants were ordered to pay the respondent’s costs.