Sutherland Shire Council v Foster & Anor [2003] NSWLEC 2

> Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Foster & Anor [2003] NSWLEC 2 APPLICANT Sutherland Shire Council PARTIES : RESPONDENTS Eric William Foster and Colleen Leola Foster FILE NUMBER(S) : 40002 of 2002 CORAM: Pain J KEY ISSUES: Injunctions and Declarations :- whether residential flat building was being used for holiday or short-term accommodation County of Cumberland Planning Scheme Ordinance LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Local Environmental Plan 1993 Sutherland Local Environmental Plan 2000 CASES CITED: Foster v Sutherland Shire Council (2001) 115 LGERA 130; North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 71 LGRA 432 DATES OF HEARING: 20, 23/09/2002 DATE OF JUDGMENT: 09/24/2002

APPLICANT Mr J Ayling SC SOLICITORS LEGAL REPRESENTATIVES: Baker & McKenzie

RESPONDENT Mr W Purdon (solicitor)

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

40002 of 2002 Pain J 24 September 2002

SUTHERLAND SHIRE COUNCIL Applicant

v

ERIC WILLIAM FOSTER & COLLEEN LEOLA FOSTER

Respondents

JUDGMENT Introduction 1. The Council is seeking certain declarations and an order restraining activity by the Respondents, Eric William Foster and Colleen Leola Foster, in relation to their flat, Unit 201 in 4 Boorima Place, Cronulla, which is in a residential flat building known as Trade Winds (the building).