CIVIL ENFORCEMENT: whether contractor carried out unlawful development comprising earthworks and demolition — no development consent obtained for works — evidence discloses that contractor either carried out the works or was responsible for and engaged persons who carried out the works — works not exempt development — works not ancillary to existing development consents — consent required — works unlawful — declaratory and injunctive relief granted — costs ordered.
Quick Take
1A person who either personally carries out unauthorised development or is responsible for engaging and directing others who carry out such works is sufficient to engage s 4.2(1) of the EPAA; on the facts, unchallenged evidence of the second respondent identifying himself as principal contractor and communicating with authorities in that capacity supported the inference.
2Earthworks exceeding the development standards in s 2.30 of the Codes SEPP (including cut/fill exceeding 600mm, proximity within 40m of a natural waterbody, and structural support exceeding 600mm) do not qualify as exempt development and require consent under cl 6.2 of the applicable LEP.
3Declaratory relief in civil enforcement proceedings serves a dual deterrent and educative purpose, publicly pronouncing and denouncing breaches of planning laws, particularly where there has been repeated non-compliance and safety concerns.
