The Court declared that the respondent had failed to comply with a council order under s 124 of the Local Government Act 1993 and was carrying out prohibited development by using residential land for the collection, storage or abandonment of rubbish, scrap materials and goods. Distinguishing Great Lakes Council v Lani, the Court held that declarations were appropriate in the public interest given the ten-year history of non-compliance and safety concerns, rather than relying solely on enforcement orders. The Court also made self-help orders under s 678 of the LGA permitting the council to enter the land and carry out compliance works if the respondent failed to comply within 60 days.
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