Wollongong City Council v Leslie Kilpatrick & Margaret Kilpatrick [2011] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Leslie Kilpatrick & Margaret Kilpatrick [2011] NSWLEC 61 Decision date: 07 April 2011 Jurisdiction: Class 4 Before: Pepper J Decision: By consent the Court orders:- (1) the respondents, their servants and agents are restrained from using, causing, suffering or permitting Lot 9 DP 1126042 otherwise known as 24 Waynote Place, Unanderra ("the land") for the purpose of a waste management facility as defined in the Wollongong Local Environmental Plan 2009; (2) the respondents remove, or cause to be removed, all waste from the land and lawfully dispose of it within 43 days from the date of these orders, that is, by or before 20 May 2011; (3) the respondents remove, or cause to be removed, all equipment used for the storage, treatment, sorting or processing of waste from the land within 43 days from the date of these orders, that is, by or before 20 May 2011; (4) the respondents remove, or cause to be removed, the existing container bins, the existing material for a proposed shed in the south-eastern corner of the land, and the existing concrete blocks from the land within 60 days from the date of these orders, that is, before 6 June 2011; (5) in the event that a development application for a permissible use on the land is lodged with the Council prior to the expiration of the period of 60 days referred to in order 4 above, then that order is suspended until the application is finally determined; (6) if the development application referred to at order 5 is granted, and involves the use or installation of the container bins, the material for a shed, and the concrete blocks, then order 4 has no further application; (7) if the development application is refused, and no appeal is lodged in respect of that refusal within 21 days, then order 4 is to be complied with immediately, that is, without a further 60 days before operation; (8) an order that the respondents pay the applicant's costs in the amount of $3,500 within 43 days from the date of these orders, that is, on or before 20 May 2011; and (9) the exhibits are to be returned Catchwords: Civil Enforcement:- consent application for injunctive relief in relation to use of land as a waste management facility - unchallenged evidence of the applicant - consent orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 s 121B Protection of the Environment Operations Act 1997 s 91 Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Wollongong City Council (Applicant) Leslie Kilpatrick and Margaret Kilpatrick (First and Second Respondent) Representation: S Berveling (Applicant) First and Second Respondent in Person Jeffery Reilly (Applicant) First and Second Respondent in person File Number(s): 41004 of 2010