North Sydney Municipal Council v J F McLean Investments Pty Ltd & Anor [1988] NSWLEC 26

Land and Environment Court of New South Wales

CITATION : North Sydney Municipal Council v J F McLean Investments Pty Ltd & Anor [1988] NSWLEC 26 APPLICANT North Sydney Municipal Council

PARTIES : FIRST RESPONDENT J F McLean Investments Pty Ltd

SECOND RESPONDENT Tiptop Smash Repairs Pty. Ltd FILE NUMBER(S) : 40205 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979. Warringah Shire Council v. Sedevcic (1987); CASES CITED: North Sydney Municipal Council v. Clarke and Walker Pty. Ltd. (1988); Holroyd Municipal Council v. Attard (1988); Strathfield Municipal Council v. Alpha Plastics Pty. Ltd. & Ors. (1988). DATES OF HEARING: DATE OF JUDGMENT: 10/14/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: In these class 4 proceedings the Applicant claims an injunction against each of the two Respondents in respect of the use of the rear portion of residential premises situate at No. 49 Sinclair Street, Crows Nest (owned by the 1st Respondent) for purposes other than for the purpose of a dwelling-house.

Although the injunctions sought are very broadly framed the particular use of the rear portion of the aforesaid premises which has prompted the Applicant to commence these proceedings is the parking of motor vehicles on the land in circumstances where that activity is clearly related to the use made of the adjoining premises No. 1 Bruce Street, Crows Nest (owned and operated by the 2nd Respondent) as a motor vehicle smash repair business. The evidence indicates that the motor vehicles so parked are motor vehicles which fall into one or more of four categories - (i) motor vehicles awaiting repairs which are carried out in the aforesaid adjoining premises owned and operated by the 2nd Respondent;