There are already provisions in the Environmental Planning and
Assessment Act 1979 (Planning Act) which enables any person to
take action in the Land and Environment Court of NSW where a
property is used without the necessary planning approval. While
such action is usually taken by a local council seeking a declaration
that the use is unlawful and orders that it cease in circumstances
where complaints have been received that the use is causing an
impact to other residents, such action could also be taken by third
parties including aggrieved neighbours, hotel operators or industry
associations.