A “Man’s House is His Castle” - But Be Sure to Obtain Permission for That New Turret

The NSW Land and Environment Court has wide-ranging jurisdiction to deal with a variety of disputes involving various diverse parties. One of the areas that give rise to many civil enforcement cases is a failure to obtain necessary planning permission for new buildings as illustrated recently in Sutherland Shire Council v Perdikaris (2019) NSWLEC 149.

Perhaps the earliest occurrence of the legal maxim "a man's house is his castle" was in a 1505 ruling made in the English King's Bench and the owner could do much as they pleased. In 2019, however, the Environmental Planning and Assessment Act 1979, as the judgment light-heartedly puts it, "places restraints on the number of towers, keeps, and barbicans that are permitted to comprise that castle" and "once complete, if new stables, turrets, or even a moat is sought to be added to the existing structure, these will generally require some form of planning approval from an appropriate consent authority."

In December 2017, Mr Perdikaris erected a substantial garage (or shed) close to his domestic premises without approval. This sat on a concrete slab. A complaint was soon made by a neighbour and Council officers investigated concluding that planning permission should have been sought. After fractious interaction between the parties, the matter reached the Land and Environment Court in October 2019. The Court held that the garage and concrete slab must be abolished, and the Council’s costs of the proceedings had to be paid by Mr Perdikaris.

If considering adding to your "castle", you should obtain advice on the legal requirements to be met to avoid potentially substantial costs.

Contact Our Land and Environment Court Solicitors, Sydney, NSW

Szabo & Associates Solicitors are experienced practitioners in property and planning disputes. We can advise you on all issues relating to Land and Environment Court matters. Please call us on (02) 9046 8466 or fill in our online contact form.