Non-compliance with development consent and eviction of tenants

pexels-photo-129494

In Strathfield Municipal Council v C & C Investments Trading Pty Ltd [2017] NSWLEC 155, Investments Trading carried out building works on a block of units not in accordance with the development consent. Investment Trading were issued an interim occupation certificate which breached the Environmental Planning and Assessment Act 1979 NSW. Investments Trading then leased the units. The Council sought interlocutory relief to stop the building work and to evict the tenants.

The Court granted the Council interlocutory relief to stop the building work. However the Court was not satisfied that removing the tenants was justified. The Court reasoned that eviction of the occupants would have removed the rental income which could have caused a default with the bank. Also, the evictions may have caused anxiety, disruption and expense on the relatively poor tenants. Read full case

Leave a Reply

%d bloggers like this: