Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195

FIRST APPLICANT: Bellingen Shire Council

PARTIES : SECOND APPLICANT: Coffs Harbour City Council

RESPONDENT: Eric Lamir-Pike

FILE NUMBER(S) : 40804 of 2010

CORAM: Biscoe J

KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- councils' application for interlocutory injunction to restrain dance party for which development consent required but not obtained.

LEGISLATION CITED: Coffs Harbour City Local Environmental Plan 2000, cl 16 Environmental Planning and Assessment Act 1979, s 76A(1)

CASES CITED: Gosford City Council v Popran Creek Pty Ltd (1995) 89 LGERA 208 South Sydney City Council v Paul Dainty Corporation Pty Ltd and the Sydney Cricket and Sports Ground Trust (1992) 75 LGRA 202

DATES OF HEARING: 1 October 2010

EX TEMPORE JUDGMENT DATE : 1 October 2010

APPLICANTS: Mr A Pickles, barrister SOLICITORS LEGAL REPRESENTATIVES: HWL Ebsworth

RESPONDENT: n/a

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

1 October 2010

40804 of 2010

BELLINGEN SHIRE COUNCIL & ANOR v ERIC LAMIR-PIKE

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application for an urgent interlocutory injunction. The proceedings were commenced today. The applicants are Bellingen Shire Council and Coffs Harbour City Council. They seek to restrain the respondent, Erik Lamir-Pike (aka Erik Lamir), from carrying out development for the purposes of a dance party event on land located within the area of Bellingen Shire Council or Coffs Harbour City Council without development consent or except as permitted under cl 16 of the Coffs Harbour City Local Environmental Plan 2000.