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

Discussion in 'Property Law Forum' started by Xander Moseley, 1 July 2016.

  1. Xander Moseley

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    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
     
  2. Rod

    Rod Well-Known Member

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    What did the lawyers give as the reason for losing the case? Is there a reported judgement?
     

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