Williams v Coffs Harbour City Council [2007] NSWLEC 440

Reported Decision : 155 LGERA 344

Land and Environment Court of New South Wales

CITATION : Williams v Coffs Harbour City Council [2007] NSWLEC 440

APPLICANTS PARTIES : Craig Williams and Leah Williams RESPONDENT Coffs Harbour City Council

FILE NUMBER(S) : 400374 of 2007

CORAM: Pain J

KEY ISSUES: Injunctions and Declarations :- whether declaration that development physically commenced ought be made in absence of contradictor

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 99 Local Government (Consequential Provisions) Act 1993

ASIC v Rich & Ors (2004) 50 ACSR 500; CASES CITED: Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47; Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council (2005) 63 NSWLR 124; KJD York Management Services Pty Ltd v City of Sydney Council (2006) 148 LGERA 117.

DATES OF HEARING: 28 June 2007

EX TEMPORE JUDGMENT DATE : 28 June 2007

APPLICANT Mr P Clay with Ms F Berglund LEGAL REPRESENTATIVES: SOLICITOR Harbord Property Lawyers RESPONDENT Submitting appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

28 June 2007

400374 of 2007 Craig Williams and Leah Williams v Coffs Harbour City Council

EX TEMPORE JUDGMENT 1 Her Honour: These are Class 4 proceedings seeking a declaration that the development consent no 225/92 granted by the Respondent Council on 19 January 1993 for the construction and use of a 136 site caravan park at Lot 350, DP 703698, Pacific Highway, Arrawarra (the land) has not lapsed.