Waverley Council v Bobolas (No 3)

The case of Waverley Council v Bobolas (No 3) involved the Waverley Council and the Bobolas family, who were in dispute over a heritage order. The case was heard by the Land and Environment Court of New South Wales. The primary issue before the court was whether the Bobolas family had contravened a heritage order by carrying out works to a protected heritage building without obtaining the necessary approval from the council.

The court had to determine whether the Bobolas family had indeed breached the heritage order and, if so, whether the Waverley Council was entitled to the relief it sought. The Bobolas family argued that the works carried out were minor and did not require approval under the heritage order, while the Waverley Council maintained that the works constituted a breach of the order and sought an order for the removal of the works and associated costs.

In delivering its decision, the court found that the Bobolas family had indeed breached the heritage order by carrying out works to the protected heritage building without the necessary approval. The court held that the works carried out by the Bobolas family were not minor and had the potential to cause significant harm to the heritage value of the building. The court found that the Waverley Council was entitled to the relief it sought, and dismissed the Bobolas family's Notice of Motion dated 30 April 2015. The court ordered that the Bobolas family remove the works carried out in breach of the heritage order and pay the associated costs of the proceedings.