Lifese v Auburn Council [2005] NSWLEC 379

Land and Environment Court of New South Wales

CITATION : Lifese v Auburn Council [2005] NSWLEC 379

APPLICANT Lifese Pty Limited

PARTIES : RESPONDENT Auburn Council

FILE NUMBER(S) : 10878 of 2003

CORAM: Brown C

Development Consent :- modification of approval granted for the fabrication and engineering of steel products including ancillary storage and offices - extension of time to complete works KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 05/07/2005 EX TEMPORE JUDGMENT DATE : 07/05/2005

APPLICANT Mr T. S. Hale SC SOLICITORS Bartier Perry

LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Ayling SC SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

5 July 2005

10878 of 2003 Lifese Pty Limited v Auburn Council

JUDGMENT 1 These proceedings come before the Court to modify approval DA201/03 granted by the Court on 10 December 2003 for the use of the premises at 5 Junction Street, Auburn, for the fabrication and engineering of steel products, including ancillary storage and offices. The modification application as originally lodged sought to modify conditions 4, 14 and 35 of DA201/03 however this was later amended to seek the amendment of condition 4 only.

2 Condition 4 states: "The approved use shall be limited for a period of 12 months and the use shall immediately cease after the expiration of 12 months of this consent unless the approved works under DA471/99 dated 2 September 1999, have been completed in full compliance with all conditions under the consent to DA471/99. The approved use shall immediately cease should all conditions of this consent to DA201/03 not be fully complied with within six months from the date of this consent."