Hurstville City Council v Brambles Australia Limited t/a Cleanaway [2001] NSWLEC 21

Land and Environment Court of New South Wales

CITATION : Hurstville City Council v Brambles Australia Limited t/a Cleanaway [2001] NSWLEC 21 APPLICANT Hurstville City Council PARTIES : RESPONDENT Brambles Australia Limited t/a Cleanaway FILE NUMBER(S) : 40056 of 2000 CORAM: Cowdroy J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 DATES OF HEARING: 29/01/01 EX TEMPORE JUDGMENT DATE : 01/29/2001

APPLICANT Mr P R Rigg, Solicitor

SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr P Lalich, Solicitor

SOLICITORS Allen Allen & Hemsley

JUDGMENT:

IN THE LAND AND MATTER NO. 40056 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 29-01-2001

Hurstville City Council Applicant v

Brambles Australia Limited t/a Cleanaway

Respondent

EXTEMPORE JUDGMENT

1. HIS HONOUR: In this matter by application class four, dated 11 April 2000, the applicant, which I shall refer to as the council, seeks a restraining order against the respondent in relation to premises known as 20 Hearne Street, Mortdale ("the premises"). The council seeks to restrain the use thereof otherwise than in accordance with the conditions attached to Development Application Number 250/90 ("the conditions"). The premises are used for a transport yard and it is alleged that the operation of those premises breaches the hours of operation contained in condition 3, and condition 12, relating to the amenity of the neighbourhood.