Wollondilly Shire Council v McAllister

Land and Environment Court New South Wales Medium Neutral Citation: Wollondilly Shire Council v McAllister [2016] NSWLEC 96 Hearing dates:2 August 2016Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction:Class 4Before: Pepper J Decision: See orders at [13]. Catchwords: JOINDER: whether necessary for council to join third party to civil enforcement proceedings – third party owner of land upon which alleged unlawful development carried out – whether interests of third party directly affected by orders sought in the hearing – hearing adjourned to enable third party to be joined to proceedings. Legislation Cited: Environmental Planning and Assessment Act 1979, s 121B Cases Cited: Armidale Dumaresq Council v Vorhauer (No 3) [2014] NSWLEC 50; (2014) 205 LGERA 155 Ross v Lane Cove Council [2014] NSWCA 50; (2014) 86 NSWLR 34 Woollahra Municipal Council v Sahade [2012] NSWLEC 76 Category:Procedural and other rulingsParties: Wollondilly Shire Council (Applicant) Robert McAllister (Respondent) Representation: Counsel: Ms Anne Hemmings (Applicant) No Appearance (Respondent)   Solicitors: Hones Lawyers (Applicant) No Appearance (Respondent) File Number(s):2016/158108EX TEMPORE JudgmentThe Council Has Not Joined a Land Owner to Civil Enforcement Proceedings By summons filed 19 November 2015, the applicant, the Wollondilly Shire Council (“the council”), seeks declaratory and injunctive relief in respect of a failure by the respondent, Mr Robert McAllister, to comply with an order issued by the council on 3 September 2014, under s 121B (“the s 121B order”) of the Environmental Planning and Assessment Act 1979 (“EPAA”). The s 121B order was in the following form:...