Marrickville Municipal Council v The John Gallagher Panel Beating Co Limited [1989] NSWLEC 159

Land and Environment Court of New South Wales

CITATION : Marrickville Municipal Council v The John Gallagher Panel Beating Co Limited [1989] NSWLEC 159 APPLICANT Marrickville Municipal Council PARTIES : RESPONDENT The John Gallagher Panel Beating Co Limited

FILE NUMBER(S) : 40176 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 02/16/1989

APPLICANT Mr. Brian Phillips Mrs. Gill LEGAL REPRESENTATIVES: RESPONDENT Mr. John Gallagher

JUDGMENT:

HIS HONOUR: On 6 September 1972 the Council granted development consent to Mr. John Gallagher to use premises at 115 Denison Street, Camperdown, for the purpose of arc and oxy welding and motor body repairs and re-painting subject to several conditions. Relevantly these include:-

"b) The provision of hard standing for the offstreet parking of four vehicles, each space to be 18' x 8' and marked on the pavement.

c) All loading and unloading to take place within the curtilage of the premises.

d) No vehicle awaiting or undergoing repair to be stored on the street.

f) The provision of a loading dock 10' x 25' within the premises for the receipt of goods.

g) The hours of operation being restricted to 7.30 a.m. to 5.30 p.m. Monday to Friday and from 7.30 a.m. to 12 noon Saturday; no work on Sunday.

h) All plant and equipment used in connection with the operations to be stored within the premises at all times."

In 1975 the respondent company took over the operation of the business from Mr. Gallagher. Whilst the evidence is somewhat vague it appears that the surrounding area has a residential zoning and is substantially residential in nature. The premises occupy a corner site and front three streets - Denison Street, Salisbury Road and Denison Lane. There are two entrances - one in Denison Street near the corner of Salisbury Road, and the other in Salisbury Road not far from Denison Lane.