Northern Beaches Council welcomes the recent decision by the Local Court regarding unauthorised development works on a local property which resulted in a $100,000 penalty plus court costs. 

The Court’s ruling underscores the importance of compliance with development regulations and the significant consequences of failing to adhere to legal requirements.

Council received a complaint 4 years ago alleging illegal construction activities involving a carport on a residential property in Palm Beach which impacted neighbours. 

An investigation resulted in Council issuing a Development Control Order that required the property owner to take action to comply with the relevant development standards. 

The owner commenced proceedings in the Land and Environment Court appealing the order. 

After a conciliation conference, an agreement was reached between Council and the owner which resulted in the Land and Environment Court issuing a substituted order in February 2022 that required, among other things, the roof of the carport structure to be demolished and the construction of a new roof.  

Despite numerous attempts by Council to remind the property owner of their obligations, the required work was not completed within the necessary period. Consequently, Council issued a Penalty Infringement Notice amounting to $6000 in April 2023.

The property owner then elected that the matter be dealt with in the Local Court. During the proceedings, the owner pleaded guilty to failing to comply with the Development Control Order. 

In sentencing this month, the Court imposed a fine of $100,000 on the property owner, in addition to ordering the owner to pay Council’s legal costs. 

This decision is a reminder of the potentially serious financial and legal repercussions of undertaking unlawful development work. Council encourages all property owners to engage with the planning process and to seek the necessary approvals for development work before proceeding.

Council is committed to upholding the integrity of the planning system to ensure that all developments comply with the legal standards set to protect the community and environment. Council remains dedicated to working with the community to promote responsible development.