Local Councils have a range of powers to issue notices to residents in their area regarding their property, but in the recent case of Cmunt v Snowy Monaro Regional Council [2018] NSWCA 237 these powers were challenged. The appellants in this case argued that the Council did not have the power to issue notices telling them to remove structures that had been constructed without development consent, including a laser fence and poles carrying CCTV cameras. As they were self-represented, Mr and Mrs Cmunt argued that such notices could not be made without a contract between themselves and the Council, and that the Council had no authority to demand they remove the structures. However this argument conveys a misunderstanding of the Councils powers, as under s121B of the Environmental Planning and Assessment Act 1979 a Council may give to the owner of a building an order to demolish or remove a building if the building is erected without prior consent.

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