Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSWLEC 71

Land and Environment Court New South Wales

Medium Neutral Citation: Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSWLEC 71 Hearing dates: 27/03/2012; 29/03/2012; 30/03/2012 Decision date: 05 April 2012 Jurisdiction: Class 4 Before: Lloyd AJ Decision: 1.The Court notes an undertaking given to the Court by and on behalf of the first respondent, that the first respondent will not allow the use of the toilet in the building on the land, described as "the pink building", unless and until the applicant has granted an approval to operate a system of sewage management within the meaning of s 68A of the Local Government Act 1993. 2.The summons is otherwise dismissed. 3.The question of costs is reserved. Catchwords: INJUNCTIONS AND DECLARATIONS - unlawful use and occupation of land - discretionary considerations - no utility in making bare declarations WORDS AND PHRASES - "dwelling" Legislation Cited: Environmental Planning and Assessment Act 1979, s 124 Local Government Act 1993, s 68A Residential Tenancies Act 2010, s 9, s 109(1), s 120 State Environmental Planning Policy No 4 - Development without Consent and Miscellaneous Exempt and Complying Development, cl 10(1) Wollondilly Local Environmental Plan 2011 Cases Cited: Burwood Municipal Council v Aboriginal Hostels Ltd (1979) 39 LGRA 150 Hornsby Shire Council v Monk [2001] NSWLEC 248 KJD York Management Services Pty Ltd v City of Sydney Council [2006] NSWLEC 218; 148 LGERA 117 Louinder v Stuckey (1984) 2 NSWLR 354 North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 21 NSWLR 532 Stephen Bowers Architects Pty Ltd v Waverley Council [2003] NSWLEC 16; 125 LGERA 292 Townsend v Lake Macquarie City Council [2004] NSWLEC 38 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266; 178 LGERA 445 Category: Principal judgment Parties: Wollondilly Shire Council (Applicant) 820 Cawdor Road Pty Ltd (First Respondent) Richard Garton (Second Respondent) Representation: IJ Hemmings/ Anne Hemmings (Applicant) P Rigg (Sol) (First Respondent) A Pearman (Second Respondent) Hones La Hood (Applicant) Norton Rose Australia (First Respondent) Meehans Solicitors (Second Respondent) File Number(s): 40973 of 2011