Shoalhaven City Council Mayor, Joanna Gash has welcomed today’s Land and Environment Court decision that has found against a Callala Beach property owner who illegally removed vegetation from his property.
The Land and Environment Court found that Mr Elachi breached the Environmental Planning and Assessment Act after clearing trees and other vegetation from across a consolidated three blocks of land in Griffith Street, Callala Beach.
In handing down the judgement Justice, Briscoe explained that removal of the trees and other vegetation without consent was found contrary to the Shoalhaven Local Environmental Plan 2014.
Mayor, Joanna Gash said she was delighted with the decision of the Land and Environmental Court saying she was sure the local community would also be very pleased with today’s result.
“Council took Mr Elachi to the Land and Environment following the unlawful clearing of vegetation across his three consolidated lot property at Callala Beach,” said Clr Gash.
“Mr Elachi claimed that the vegetation clearing was to assist in the creation of a fence to go around each individual lot and the boundary of the property despite no development consent being obtained.
“The Land and Environment Court agreed with Council’s view that the proposed fence was not a ‘boundary fence’ as it ran around the perimeter of each lot while the clearing was not exempt development under the SLEP.”
“This is great news for the local community who have long expressed concern at the impact of clearing on this consolidated land holding.”
Mayor, Gash said as part of the ruling the respondent had been ordered to pay Council’s costs.
CONTACT: Mayor, Joanna Gash - 0427 160 170