NSW Development Fines to be Paid to Council - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
1 July 2016
1
0
1
We have 266 acres 30 minutes south of Canberra in Royalla. Our land was in Palerang Council, now Queanbeyan Palerang Council. In June 2015, without any prior warning, I was charged with development without development consent by council and fined $1500, for putting 2 dams and some 800m of dirt roads in. I also got an administration fee of $492.

The Palerang Local Environmental Plan 2014 allows earthworks and dams as exempt development. So no development application was made for this work, however, we made a development application for the home, and subsequently had the DA approved. Out of principle, I contested the $1500 fine, however, had no right of review of the $492 administration fee, so paid this.

Recently at Queanbeyan local court, a magistrate found in favour of the council and imposed a $15,000 fine and awarded the other side $12,000 in costs. We were legally represented by "Canberra's best" lawyers and spent another $8,350.00 with them. We now have to appeal to the land and environment court.

Please help us with property law
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,745
926
2,894
What did the lawyers give as the reason for losing the case? Is there a reported judgement?