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Subject: Re: Who is responsible for unlawful development? Posted on: Sat, 05 Aug 2006 11:12:26 +1000

On Fri, 4 Aug 2006 17:18:57 +1000, "Otter" wrote:

>
> wrote in message
>news:err5d2hg9ao31mfe0m37dsuegdtl3sb2ph@4ax.com...
>> Under NSW law, who is responsible if a tenant of an undeveloped block
>> constructs something unlawful? It is unlawful because it is
>> specifically excluded in a DA consent.
>>
>> Should council go after the tenant or the owner?
>
>If the council wants the thing that has been constructed removed, it might
>choose to tell both the owner and the tenant what it requires and ask that
>it be removed. All the council usually wants is the removal.
>
>There might be some relevant facts that have bnot been given, of course.

Well, there is a lot more that could be said that might be relevant.

The issues for me are (1) council possibly prosecuting for unlawful
construction and (2) council compelling removal.

Who are they likely to prosecute and compel - owner or tenant?
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