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
Read the full judgment
Authoritative text on NSW Caselaw · ~51k words
Related decisions
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026
Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
City of Canada Bay Council · 30 October 2026
Aurora Rose Bay 2 Pty Ltd ATF Aurora Rose Bay 2 Unit Trust v Woollahra Municipal Council [2026] NSWLEC 1724
Woollahra Municipal Council · 30 October 2026
Jubilee St Pty Ltd v Maitland City Council [2026] NSWLEC 1726
Maitland City Council · 30 October 2026
Carmen Jackson v Alex Graham, Deputy Secretary, National Parks and Wildlife Service, NSW Department of Climate Change, Energy, the Environment and Water (No 2) [2026] NSWLEC 135
Alex Graham, Deputy Secretary, National Parks and Wildlife Service, NSW Department of Climate Change, Energy, the Environment and Water (No 2) · 30 October 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026