Trenwith & Ors v Sutherland Shire Council

The case of Trenwith & Ors v Sutherland Shire Council was decided by the Land and Environment Court of New South Wales. The applicants, Trenwith and others, sought an order for the demolition of an unauthorised structure built by the second respondent, which had a significant impact on their properties. The dispute centred on the substantial construction that exceeded the approved development consent and the resultant negative effects on the applicants' properties, including loss of views, glare, and privacy.

The legal issues before the court involved whether the unauthorised construction constituted a breach of the planning laws that warranted a demolition order and whether the landscape screening proposed by the second respondent could sufficiently mitigate the adverse effects. Additionally, the court had to determine whether the applicants' delay in initiating proceedings was unreasonable, which could potentially disentitle them from obtaining relief.

In reaching its decision, the court found that the proposed landscape screening did not adequately address the issues of bulk, scale, glare, and loss of views experienced by the applicants. The court noted that compelling the maintenance of landscaping was difficult, and therefore, it should not be heavily relied upon as a solution. The court also highlighted the significant impact of the unauthorised construction on the applicants and the failure of the council to properly consider the matter. The court concluded that the applicants were not unreasonably delayed in initiating proceedings and found that it was appropriate to exercise its discretion to order the demolition of the unauthorised structure, subject to certain conditions.

The court's final orders included directing the second respondent to demolish the unauthorised structure within a specified timeframe, subject to any appeals and further conditions regarding the timing and execution of the demolition.