Fairfield City Council v Zorbas & Others [2005] NSWLEC 205

Land and Environment Court of New South Wales

CITATION : Fairfield City Council v Zorbas & Others [2005] NSWLEC 205

APPLICANT Fairfield City Council

FIRST RESPONDENT George Zorbas

SECOND RESPONDENT Nicholas Zorbas

THIRD RESPONDENT PARTIES : Vicki Zorbas

FOURTH RESPONDENT Z & G Properties Pty Limited

FIFTH RESPONDENT Euro Formwork Pty Limited

SIXTH RESPONDENT Voltrin Pty Limited

FILE NUMBER(S) : 41629 of 2004

CORAM: Talbot J

KEY ISSUES: Injunctions and Declarations :- development without consent.

Fairfield Local Environmental Plan 1994 LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 13/04/2005 EX TEMPORE JUDGMENT DATE : 04/13/2005

APPLICANT Mr J C Thompson (Barrister) SOLICITORS Ritchie & Castellan LEGAL REPRESENTATIVES:

RESPONDENT Mr M C Fraser (Barrister) SOLICITORS Rizos & Associates

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

13 April 2005

41629 of 2004 Fairfield City Council v George Zorbas & Others

JUDGMENT 1 Talbot J: Fairfield City Council ("the applicant") is seeking orders against George Zorbas ("the first respondent"), Nicholas Zorbas ("the second respondent"), Z & G Properties Pty Limited ("the fourth respondent"), Euro Formwork Pty Limited ("the fifth respondent") and Voltrin Pty Limited ("the sixth respondent") by way of declaration regarding the use of the property known as 29-35 Duff Road, Cecil Park as a warehouse, otherwise than in accordance with the provisions of Fairfield Local Environmental Plan 1994 ("Fairfield LEP") and consequential orders against those respondents. 2 It is hardly in contention, nor could it be contended, that the use of the premises at the present time is for storing, handling, and effectively distribution of materials. The evidence is that the land is used as a place to store formwork used in building works. The process of storing involves handling of those materials by loading and unloading. There is evidence to that effect. From time to time those materials are distributed to various jobs throughout Sydney.