Strathfield Municipal Council v Alpha Plastics Pty Limited & Ors [1988] NSWLEC 14

Land and Environment Court of New South Wales

CITATION : Strathfield Municipal Council v Alpha Plastics Pty Limited & Ors [1988] NSWLEC 14 APPLICANT Strathfield Municipal Council

FIRST RESPONDENT Alpha Plastics Pty Limited PARTIES : SECOND RESPONDENT Aubrey Jack Whiteley

THIRD RESPONDENT Florence May Whiteley FILE NUMBER(S) : 40125 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act, 1979 Woollahra Municipal Council v. Banool Developments Pty Limited (1973); Woollahra Municipal Council v. T.A.J.J. Investments Pty Ltd; CASES CITED: Interior Plaster Co. Pty Ltd v. Ryde Municipal Council; Attorney-General v. B.P. (Australia) Ltd (1964); ACR Trading Pty Ltd & Anor v. Fat-sel Pty Ltd (1987); Warringah Shire Council v. Sedevcic (1987) DATES OF HEARING: DATE OF JUDGMENT: 07/27/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The Council of the Municipality of Strathfield ("Council") seeks orders concerning the lawfulness of the use of premises known as 31 Courallie Avenue, Flemington. The second and third respondents are shareholders and directors of the first respondent ("Alpha"), which is the registered proprietor of the land.

Erected on the land is an industrial building which is occupied by Alpha. It is situate within a Residential 2(a) zone pursuant to the Strathfield Planning Scheme Ordinance which was prescribed on 21st February, 1969. Purposes for which buildings or works may not be erected or carried out or used in that zone include industries and warehouses. Council alleges that the land is used for a prohibited purpose, i.e. the repair, storage and distribution of machinery.