Australian Native Landscapes Pty Ltd v Warringah Shire Council [1989] NSWLEC 155

Land and Environment Court of New South Wales

CITATION : Australian Native Landscapes Pty Ltd v Warringah Shire Council [1989] NSWLEC 155 APPLICANT Australian Native Landscapes Pty Ltd

PARTIES : RESPONDENT Warringah Shire Council

FILE NUMBER(S) : 10195; 10256 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Double Bay Marina Pty. Ltd. v. Woollahra Municipal Council (1985) 54 LGRA 313; CASES CITED: Jandra Blue Metal Quarries Pty. Ltd. v. Rainbow Flat Quarry Environment Committee (unreported 18th November, 1988).; Foodbarn Pty. Ltd. v. Solicitor General (1975) 32 LGRA 157 at p.161. DATES OF HEARING: DATE OF JUDGMENT: 02/08/1989

APPLICANT Mr Patrick Soar LEGAL REPRESENTATIVES: RESPONDENT Mt Gatenby

JUDGMENT:

A. INTRODUCTION

These are two appeals under s.102(5) of the Environmental Planning and Assessment Act 1979 relating to a development consent granted by the Respondent on 18th December, 1979 for the use "for the purposes of rural industry" of land known as Portion 77 and Part Portion 105 situate at Myoora Road, Terrey Hills.

Each of the appeals seeks a modification of a condition of the aforesaid development consent - one (Condition 8) limiting the trading/operating hours of the permitted development and the other (Condition 25) limiting the scope and content of the permitted development.

By consent the appeals were heard together. Again, by consent, related class 4 proceedings (No. 40055 of 1988) in which the Respondent seeks to enforce by injunction the terms and conditions of the aforesaid development consent were adjourned to await the outcome of the two class 1 appeals.