Dincel Construction System Pty Ltd v Penrith City Council

• 1. Environment and Planning
  2. › Enforcement of planning law
  3. › Injunctive relief under s 9.46 Environmental Planning and Assessment Act 1979 (NSW)
  4. › Remediation orders
  5. › Discretionary factors
  6. › Whether financial hardship to contravener determinative
  7. › Whether prospect of obtaining development consent for use relevant to remediation of unlawful works
  8. › Whether 'proper planning purpose' required before remediation ordered
  9. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.2, 4.3, 9.45, 9.46
• 1. Environment and Planning
  2. › Enforcement of planning law
  3. › Development consent
  4. › Whether development consent can be granted retrospectively for works already carried out
  5. › Distinction between consent for 'use' and consent for 'works'
  6. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.69, 6.8
• 1. Appeal
  2. › Standard of appellate review
  3. › Appeal from discretionary judgment
  4. › House v The King error
  5. › Whether primary judge failed to take into account relevant considerations
  6. › Whether primary judge acted on wrong principle
• 1. Practice and Procedure
  2. › Parties
  3. › Necessary parties
  4. › Whether owner of neighbouring land affected by orders was necessary party
  5. › Discretion not to order joinder where person aware of proceedings and has assented to orders
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 6.23

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