Botany Bay City Council v Baladi and Ors. [2003] NSWLEC 444

> Land and Environment Court of New South Wales

CITATION : Botany Bay City Council v Baladi and Ors. [2003] NSWLEC 444 APPLICANT: Botany Bay City Council PARTIES : RESPONDENTS: Baladi and Ors. FILE NUMBER(S) : 41029 of 2003 CORAM: Bignold J KEY ISSUES: Existing Use Rights :- Change of existing use - Use prohibited by Local Environmental Plan Environmental Planning and Assessment Act, s 106 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, cl.45 Botany Local Environmental Plan 1995 CASES CITED: DATES OF HEARING: 17/12/2003 EX TEMPORE JUDGMENT DATE : 12/17/2003

APPLICANT: Mr T O'Connor, Solicitor SOLICITORS Houston Dearn O'Connor

LEGAL REPRESENTATIVES: RESPONDENTS Mr A Galasso, Barrister SOLICITORS Dan Simpson and Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

17 December 2003

41029 of 2003

BOTANY BAY CITY COUNCIL v BALADI AND ORS

JUDGMENT 1. HIS HONOUR: The Court has before it two related proceedings: a class 4 proceeding in which the Council claims declaratory and injunctive relief in respect of the premises known as 4 Chalmers Crescent Mascot and an amended cross application claiming further declaratory relief. The relief claimed by the Council in the originating process is that the development of the premises for the purposes of a printery is prohibited by cl 10 of the Botany Local Environmental Plan 1995 based upon the relevant zoning controls imposed by that LEP.