In April Charlie Elachi, from Sutherland, was at the centre of a community protest when he began clearing trees on his Griffin Street property in Benton Sands Estate.

The land was the subject of a Land and Environment Court case last year in which the court rejected a proposal to build on the blocks.

The judge expressed concern at the ecological sensitivity of the Bangalay sand forest which made up the majority of the site.

On Tuesday Mr Elachi was back in the NSW Land and Environment Court facing Shoalhaven City Council over his attempt to clear what he claimed was a fence line with no comment.

In handing down the judgement, Justice Briscoe explained that removal of the trees and other vegetation without consent was found contrary to the Shoalhaven Local Environmental Plan 2014.

Shoalhaven Mayor Joanna Gash said she was delighted with the decision of the court, saying she was sure the local community would also be very pleased with the result.

“Council took Mr Elachi to the Land and Environment Court following the unlawful clearing of vegetation across his three consolidated lot property at Callala Beach,” said Cr Gash.

“Mr Elachi claimed that the vegetation clearing was to assist in the creation of a fence to go around each individual lot and the boundary of the property despite no development consent being obtained.

“The Land and Environment Court agreed with council’s view that the proposed fence was not a ‘boundary fence’ as it ran around the perimeter of each lot while the clearing was not exempt development under the SLEP.

“This is great news for the local community who have long expressed concern at the impact of clearing on this consolidated land holding,” she said.