Lane Cove Municipal Council v Wechsler [2026] NSWLEC 70
Before: Duggan J · NSW Land and Environment Court
Summary
CIVIL ENFORCEMENT — ss 4.2 and 9.45 of the Environmental Planning and Assessment Act 1979 (NSW) — where respondents carried out construction of planter boxes, a masonry retaining wall and a timber screen without development consent — whether, by operation of the Dividing Fences Act 1991 (NSW) and/or
Catchwords
CIVIL ENFORCEMENT — ss 4.2 and 9.45 of the Environmental Planning and Assessment Act 1979 (NSW) — where respondents carried out construction of planter boxes, a masonry retaining wall and a timber screen without development consent — whether, by operation of the Dividing Fences Act 1991 (NSW) and/or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, development consent was required for the construction of planter boxes, a masonry retaining wall and a timber screen — whether development consent was obtained — presumption of regularity — whether the applicant was estopped from contending that development consent was required — discretion — declaration and orders — costs
Outcome
See paragraphs [118] and [119].
Legislation cited
Dividing Fences Act 1991 (NSW), ss 6-19 Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 1.5, 3.14, 4.1, 4.2, 9.37, 9.45 Lane Cove Local Environmental Plan 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pt 2 Div 1 Subdiv 17, cll 2.33, 2.34
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