Euro Sweets (NSW) Pty Ltd v Pittwater Council [2011] NSWLEC 92

Land and Environment Court New South Wales

Medium Neutral Citation: Euro Sweets (NSW) Pty Ltd v Pittwater Council [2011] NSWLEC 92 Hearing dates: 12, 13 May 2011 Decision date: 13 May 2011 Jurisdiction: Class 1 Before: Craig J Decision: 1. The applicant's notice of motion dated 4 April 2011 is dismissed. 2. The applicant is to pay the respondent's costs of the notice of motion, such costs to be as agreed or assessed. 3. Grant leave to the applicant to discontinue proceedings by filing a notice of discontinuance in the Registry by 4.00pm on Monday 16 May 2011. 4. Exhibits may be returned. Catchwords: COSTS: appeal against Council order given under s 121B of the Environmental Planning & Assessment Act 1979 to cease use of premises for retail sale of food and beverages - breach of development consent authorising use as a 'pastry cook workshop' - s 96 modification application made by applicants - breach continuing while application pending - s 121B order given - appeal lodged - s 96 modification granted prior to first return date of Class 1 application - s 121B order revoked by Council - costs sought by applicants as being fair and reasonable - order refused - appeal discontinued Legislation Cited: Environmental Planning & Assessment Act 1979, s 96(1A), s 96(6), s 121B, s 121H, s 121ZK Land and Environment Court Rules 2007 Cases Cited: Grant v Kiama Municipal Council [2006] NSWLEC 70 Moussa v Owners Corporation of Strata Plan 65404 (No 2) [2008] NSWLEC 121 Statewide Developments Pty Ltd v Minister for Infrastructure and Planning [2005] NSWLEC 353; (2005) 142 LGERA 154 Thaina Town (On Goulburn) Pty Ltd v Sydney City Council [2007] NSWCA 300; (2007) 71 NSWLR 230 Category: Costs Parties: Euro Sweets (NSW) Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Ms L M Byrne (Applicant) Mr M Jaku (Solicitor) ( Respondent) Woolf Associates Solicitors (Applicant) Mallesons Stephen Jaques (Respondent) File Number(s): 10154 of 2011