Questione giuridica chiave
Whether refusal to order restoration of the illegal terrain fill was compatible with planning and environmental law
Decisione estratta
No. The partial refusal was unlawful and had to be set aside.
Motivazione estratta
The fill was a serious, deliberate breach of the separation between building and non-building land and of waste-disposal rules; environmental inconvenience from removal did not outweigh the public interest.