Queanbeyan City Council v Sun [2012] NSWLEC 70

Land and Environment Court New South Wales

Medium Neutral Citation: Queanbeyan City Council v Sun [2012] NSWLEC 70 Hearing dates: 02/04/2012 Decision date: 02 April 2012 Jurisdiction: Class 4 Before: Lloyd AJ Decision: The Court: 1.Declares that the respondent has breached, and is in breach of section 76A(1) of the Environmental Planning and Assessment Act 1979 ("the Act") by carrying out development not in accordance with development consent no. 17-2003, as modified on 14 July 2004 ("the Modified Consent"), in respect of the land described as Lot 138 in Deposited Plan 8732 and known as 28 Aurora Place, Queanbeyan ("the Premises"). 2.Declares that the respondent has breached, and is in breach of section 76A(1) of the Act by carrying out development not in accordance with development consent no. 463-2004 ("the Second Consent") in respect of the Premises. 3.Orders the respondent to comply with: 3.1condition 2 of the Modified Consent (so far as it relates to matters of fire safety); and 3.2 condition 2 (so far as it relates to matters of fire safety), and conditions 35-38 of the Second Consent, within 14 days of the date of this order. 4.Orders the respondent to comply with conditions 1, 2, 3, 4, 5-9, 20, 21, 23, 26, 30, 31, 32-34, 38, 39, 43 and 44 of the Modified Consent, within 90 days of the date of this order. 5.Orders the respondent to comply with conditions 2, 3, 17, 18, 19, 20, 23, 24, 26, 35, 36-38, 39 and 41 of the 'Second Consent, within 90 days of the date of this order. 6.Orders the respondent to pay the applicant's costs of the proceedings, as assessed or agreed. 7.Directs that these orders be entered forthwith. Catchwords: INJUNCTIONS and declarations - ex parte hearing - applicant required to prove all the facts entitling it to relief Legislation Cited: Environmental Planning and Assessment Act 1979, s 76A(1), s 94, s 121B, s 121H, s 149 Queanbeyan Local Environmental Plan 1998 Cases Cited: Jones v Sutherland Shire Council (1979) 40 LGERA 323 Category: Principal judgment Parties: Queanbeyan City Council (Applicant) Kuan Ren Sun (Respondent) Representation: T To (Applicant) Herring & Associates Lawyers (Applicant) File Number(s): 41226 of 2011