AAMAC Warehousing & Transport Pty Limited v Auburn Council [2009] NSWLEC 1410

Land and Environment Court of New South Wales

CITATION : AAMAC Warehousing & Transport Pty Limited v Auburn Council [2009] NSWLEC 1410

APPLICANT AAMAC Warehousing & Transport Pty Limited PARTIES : RESPONDENT Auburn Council

FILE NUMBER(S) : 10363 of 2009

CORAM: Hussey C

KEY ISSUES: SECTION 121B ORDER :- cessation of unauthorised use, continuing use rights, dust amenity

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 8 and 9 December 2009

DATE OF JUDGMENT: 9 December 2009

APPLICANT Mr R. Evans (barrister) SOLICITOR McKells Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Hudson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

9 December 2009

10363 of 2009 AAMAC WAREHOUSING & TRANSPORT PTY LIMITED V AUBURN COUNCIL

JUDGMENT Background. 1 This appeal was lodged against a s121B Order issued by council requiring the cessation of use of the premises at 41-45 Hill Road, Homebush Bay as a freight terminal and shipping container yard. The use was to cease by 5 June 2009. 2 The reasons stated in support of the Order were: o Development consent is required for the use and no such consent has been granted. o The current use is unauthorised. o The land use is potentially impacting on the environment as the movement of vehicles on the non hardstand areas of the premises is causing the emission of dust from the site. 3 The appellant however challenged the contention that it does not have the benefit of a valid consent. It relies mainly on the continuation of a consent granted to Montague L Myer in 1989 for the storage and milling of timber. This apparently involved the use of the land for storage and associated transport.