Cobreloa Sporting Club & Ethnical Club Limted v Fairfield City Council [2007] NSWLEC 54

Land and Environment Court of New South Wales

CITATION : Cobreloa Sporting Club & Ethnical Club Limted v Fairfield City Council [2007] NSWLEC 54 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Cobreloa Sporting Club & Ethnical Club Limited PARTIES : RESPONDENT Fairfield City Council

FILE NUMBER(S) : 11472 of 2005

CORAM: Talbot J

KEY ISSUES: Prevention Notice :- Revocation of Direction to Take Preventative Action issued by council and direction to council to issue a Prevention Notice containing specific conditions.

LEGISLATION CITED: Environmental Planning & Assessment Act 1997 s 109 Protection of the Environment Operations Act 1997 s 96

DATES OF HEARING: 30/01/07, 31/01/07

EX TEMPORE JUDGMENT DATE : 31 January 2007

APPLICANT M Carpenter (Barrister) SOLICITORS Avondale Lawyers LEGAL REPRESENTATIVES: RESPONDENT A Pickles (Barrister) SOLICITORS Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

31 January 2007

11472 of 2005 COBRELOA SPORTING CLUB & ETHNICAL CLUB LIMITED v FAIRFIELD CITY COUNCIL JUDGMENT

1 Talbot J: These proceedings are by way of an appeal against a Direction To Take Preventative Action made by the respondent council under the terms of s 96, Protection of the Environment Operations Act,1997. 2 The premises comprise a building in the form of a hall or club room surrounded by some outdoor areas which are used in conjunction with club activities with further areas set aside for parking. All of the areas are within the precinct of Fairfield Park, a public place where members of the public enjoy unrestricted access virtually on a 24 hour basis.