Sutherland Shire Council v Australian Natural Food Holdings Pty Limited & Anor. [2001] NSWLEC 189

Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Australian Natural Food Holdings Pty Limited & Anor. [2001] NSWLEC 189 APPLICANT: Sutherland Shire Council PARTIES : RESPONDENTS: Australian Natural Food Holdings Pty Limited & Anor. FILE NUMBER(S) : 40078 of 2000 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- Injunctions - enforcement of breach of planning law - Respondent obtains development consent and modification approval rendering use complained of no longer unlawful - Court accepts Respondent undertaking to comply with new planning consent regime-Proceedings dismissed-costs order (partial) in favour of Council. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/11/00-29/11/00, 04/12/00, 07/02/01, 02/05/01, 13/06/01 EX TEMPORE JUDGMENT DATE : 06/13/2001

APPLICANT: Mr N Newport, Barrister SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: Mr M Craig QC SOLICITORS Cutler Hughes and Harris

JUDGMENT:

IN THE LAND AND Matter No. 40078 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 13 June 2001

SUTHERLAND SHIRE COUNCIL

Applicant

v

AUSTRALIAN NATURAL FOOD HOLDINGS PTY LTD & ANOR.

Respondent

JUDGMENT

Bignold J:

1. These Class 4 proceedings were, by consent, heard together with two related Class 1 proceedings, it being common ground that if the related Class 1 proceedings (Nos 10967 and 10868 of 2000) ultimately be successful (and the company thereby obtain (i) modification of its existing development consent; and (ii) further development consent for use of another building within the industrial complex) the activities, the subject of complaint and enforcement action in the Class 4 proceedings would no longer be in breach of relevant planning laws.