Man ordered to destroy illegal structures

Colourful West Wollongong resident Julius Kudrynski has been ordered to demolish several dodgy structures on his property after a court this week found he did not have the proper approval to erect them.

The one-time Wollongong lord mayoral hopeful and self-confessed "collector" has six months to knock down unauthorised boundary fencing, sheds, a cubby house, a loft and a carport extension at his Highway Avenue home.

He has also been ordered to remove rubbish from the site, which could spell the end of his collection of equipment and spare parts, including 15 mowers, 12 chainsaws and 200 fan belts.

Ordering the clean-up, the Land and Environment Court's Justice Terry Sheahan said photographs clearly indicated the property had been kept in an unsightly condition.

"[It] raises serious concerns for [Wollongong City] council and the court about fire risk, risk to human health and safety and the risk of invasion by, and breeding of, pests and vermin," he told the court in Sydney on Tuesday.

The council had alleged the Kudrynskis, who have owned the property for more than 40 years, had built several structures without consent. The council claimed some of the works were "unsightly, structurally inadequate and unsafe".

But Mr Kudrynski, a retired school teacher, argued all the work had been approved.

Justice Sheahan found there was simply no consent for the structures.

"[The Kudrynskis] produced no approvals relevant to the structures ... they [bore] the onus of establishing that, and they have failed," he said.

"I am satisfied the council has established the absence of any legal approvals for any of them."

The judge also said Mr Kudrynski's claims that other structures on the land had been given "inferred approval" were "not made good".

During a two-day hearing in October last year, the court was told neighbours had repeatedly complained to the council about the development and excessive "rubbish" on the site, prompting staff to investigate in 2011.

When the Kudrynskis failed to comply with orders to remove the dodgy work, the council took them to court.

Justice Sheahan said the couple appeared to be "highly resentful" of the complaints and the council's interference in their affairs, prompting Mr Kudrynski to complain that the council should deal with some of the neighbouring properties.

"It's not as if it's a flashy area," Mr Kudrynski said.

Justice Sheahan also referred to Mr Kudrynski's four-hour cross-examination of the council's senior development project officer Christopher Thorn, noting Mr Kudrynski had "wastefully explored, at length" irrelevant evidence. Proceedings costs are yet to be determined.

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