Liverpool City Council v Galluzzo & Ors [1989] NSWLEC 172

Land and Environment Court of New South Wales

CITATION : Liverpool City Council v Galluzzo & Ors [1989] NSWLEC 172 APPLICANT Liverpool City Council PARTIES : RESPONDENT Galluzzo and Ors FILE NUMBER(S) : 40091 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Trimboli v. Penrith City Council (1981) 48 LGRA 323 ; Drummoyne Municipal Council v. Cavallabro (1982) 46 LGRA 416 ; Pollifrone and Cenatiempo v. Cumberland County Council (1961) 8 LGRA 81; CASES CITED: Warringah Shire Council v. Pollifrone (1976) 32 LGRA 361 ; Sutherland Shire Council v. Loney (1986) 59 LGRA 376 S; Trimboli and Cumberland Councty Council v. Corben (1960); Warringah Shire Council v. Sedevcic (1987) 10 NSWLR 335; 63 LGRA 360, DATES OF HEARING: DATE OF JUDGMENT: 03/23/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: On 19th May, 1988 the Applicant commenced class 4 proceedings seeking prohibitory and mandatory injunctions against the Respondents in respect of their use, as the business of conducting a roadside stall, of property being lots 29-31 Section B, Deposited Plan 1443 situate at Campbelltown Road, Ingleburn.

The mandatory order claimed seeks the demolition of two separate structures situate on the said land, namely an external wall and two roller shutter doors enclosing the loading-bay located at the rear of the roadside stall building and a free-standing building housing coolrooms located a short distance from the rear of the roadside stall building. The roadside stall building was erected in 1978/79 in pursuance of the grant by the Applicant in 1978 of development consent and building approval. According to the approved plans the aforesaid loading-bay was to comprise a reinforced concrete floor slab sheltered by the roof structure but lacking side or rear walls. The free-standing building housing the coolrooms was not shown on the approved plans and although its coming into existence was not precisely pinpointed by the evidence, it appears to have been in existence earlier than when the roadside stall building was erected in 1978/79 and appears to be a residue of the former roadside stall building that existed on the subject property in the 1960s and 1970s. The prohibitory injunctions claimed by the Applicant seek to enforce the conditions of the development consent granted by the Applicant in 1978 and to restrain the Respondents from offering for sale and selling a wide range of specified goods (not being fruit and vegetables) eg groceries, bread, household goods, potted plants etc.