South Sydney City Council v Tipfast Pty Limited [2003] NSWLEC 293

> Land and Environment Court of New South Wales

CITATION : South Sydney City Council v Tipfast Pty Limited [2003] NSWLEC 293 APPLICANT: South Sydney Council PARTIES : RESPONDENT: Tipfast Pty Limited FILE NUMBER(S) : 41037 of 2002 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- civil enforcement proceedings-concurrent class 1 proceedings-development consent granted-effect on class 4 proceedings. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 124 CASES CITED: Tipfast Pty Ltd v South Sydney City Council (2002) 120LGERA 292 DATES OF HEARING: 30-31/07/03, 1/08/03, 08/08/03 DATE OF JUDGMENT: 11/14/2003

APPLICANT: Mr A Hawkes, Solicitor SOLICITORS Pike Pike and Fenwick

LEGAL REPRESENTATIVES: RESPONDENT: Mr C McEwen, Barrister SOLICITORS Spiegal and Associates

JUDGMENT:

IN THE LAND AND Matter No. . 41037 of 2002 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 14 November 2003

SOUTH SYDNEY CITY COUNCIL

Applicant

v

TIPFAST PTY LIMITED

Respondent

JUDGMENT

1. By its class 4 application, filed on 17 December 2002, the Council claims injunctive relief against the Respondent's use of land known a No 5A Canal Road, St Peters and of adjacent land forming a small part of the St Peters Tip.

2. The particular activities and development being conducted and used by the Respondent which the Council's class 4 application sought to restrain are activities (screening and crushing of waste materials) which were additional activities to those authorised by the development consent granted by the Council in 1994 for the use of No 5A Canal Road as a "recyclers yard".