Land and Environment Court Reporter: Edition 1 2014

We work in conjunction with Local Government NSW to draft the Land & Environment Court Reporter, which summarises recent Land & Environment Court decisions. The Land & Environment Court Reporter is a useful tool to keep up-to-date with decisions in the Land & Environment Court, how Commissioners are interpreting planning controls and how judges are applying the law.

In the most recent edition, we have discussed:

  1. A case where Lismore City Council was successful in obtaining a Court Order requiring Mr & Mrs Hamshaw to install a swimming pool fence on a rural residential premises. This case was interesting because the Council sought an order that if Mr & Mrs Hamshaw did not construct the fence required by the Swimming Pools Act 1992 the Council could construct it and recover the costs. However, the Court was not able to identify a source of power to make such and order, and therefore declined to make it.
  2. Two cases where the Court ordered that the use of premises cease, because the premises were being used without development consent (one as a boarding house, another as an indoor recreation facility).  This case highlighted the weight that the Court gives to life-threatening hazards due to BCA non-compliances, particularly in relation to risks associated with fire safety.

Read the full article here. We hope you find it useful!


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