Council of the City of Shoalhaven v Elachi

Land and Environment Court New South Wales Medium Neutral Citation: Council of the City of Shoalhaven v Elachi [2015] NSWLEC 85 Hearing dates:19 May 2015Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction:Class 4Before: Biscoe J Decision: (1) Declaration that the respondent has breached, and has threatened to continue to breach, s 76A(1) of the Environmental Planning and Assessment Act 1979 (the Act) by carrying out development on the Property, being clearing of trees and other vegetation, contrary to cl 5.9 of the Shoalhaven Local Environmental Plan 2014 (LEP), without development consent, in circumstances where prior consent is and was required.(2) Order that the respondent, his servants, agents and invitees, be restrained from clearing trees or other vegetation on any part of the Property otherwise than with prior development consent under the Act, if such consent is required by cl 5.9 of the LEP.(3) If the applicant presses for a rectification order, then within 10 days the parties are to (a) submit a proposed consent rectification order to the Court with a request that it be made by consent, or (b) arrange for the matter to be listed as soon as possible for directions in relation to the rectification order issue.(4) The respondent is to pay the applicant’s costs. Catchwords: CIVIL ENFORCEMENT – whether clearing of trees and other vegetation in an environment protection zone for construction of a permanent fence around the boundary of a three lot property as well as around the boundary of each...