Hawkesbury Shire Council v Mitchell & Anor [1988] NSWLEC 159

Land and Environment Court of New South Wales

CITATION : Hawkesbury Shire Council v Mitchell & Anor [1988] NSWLEC 159 APPLICANT Hawkesbury Shire Council PARTIES : RESPONDENTS Mr. and Mrs. Mitchell FILE NUMBER(S) : 40169 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act. Foodbarn Pty. Ltd. v. Solicitor-General ((l975); CASES CITED: Sedevic v. Warringah Shire Council (Court of Appeal, l987) ; ACR Trading Pty. Ltd. v. Fatsel (Court of Appeal, l987); City Council v. R.A. Motors Pty. Ltd. ((l986) DATES OF HEARING: DATE OF JUDGMENT: 02/29/1988

LEGAL REPRESENTATIVES: RESPONDENT Lewarne & Goldsmith, Solicitors

JUDGMENT:

HIS HONOUR: The applicant Council seeks certain declarations and orders concerning land at Lot 10, Deposited Plan 245757, Uworra Road, Wilberforce, relating to the use of the premises by the respondents, Mr. & Mrs. Mitchell, for the keeping of dogs.

As amended during the course of the hearing the relief claimed is as follows:-

l. A declaration that the respondents are keeping dogs on Lot 10, Deposited Plan 245757 Uworra Road, Wilberforce being the land comprised in Certificate of Title Volume 12243 Folio 165 and are conducting an animal establishment on the land without the consent of the applicant.

2. A declaration that the respondents have carried out development on the land, namely the construction of dog kennels, without the consent of the applicant first had and obtained.

3. An order that the respondents be restrained from keeping dogs on the land and conducting an animal establishment thereon without the consent of the applicant being had and obtained.