Blacktown City Council v The Penatrators Pty Limited (No 3) [2014] NSWLEC 4

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v The Penatrators Pty Limited (No 3) [2014] NSWLEC 4 Hearing dates: 4 February 2014 Decision date: 04 February 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: See [33] - [34] of judgment Catchwords: CIVIL ENFORCEMENT - action to restrain unlawful depositing of waste building materials and to require their removal - such development prohibited or permissible only with development consent which had not been obtained. Legislation Cited: Environmental Planning and Assessment Act 1979 ss76A, 76B, 124 Environmental Planning and Assessment Regulation 2000 cl 51(1) State Environmental Planning Policy (Sydney Growth Centres) 2006 Cases Cited: Blacktown City Council v The Penatrators Pty Limited [2013] NSWLEC 169 Blacktown City Council v The Penatrators Pty Limited (No 2) [2013] NSWLEC 170

Botany Bay City Council v Saab Corp Pty Limited [2011] NSWCA 308, (2011) 82 NSWLR 171; 183 LGERA 228 Category: Principal judgment Parties: 40699 of 2013 Blacktown City Council (Applicant) The Penatrators Pty Limited (First Respondent) Michael Galainy (Second Respondent) Riverstone Waste Transfer Pty Ltd (Third Respondent)

40700 of 2013 Blacktown City Council (Applicant) The Penatrators Pty Limited (First Respondent) Michael Galainy (Second Respondent) Representation: COUNSEL: A Pickles (Applicant) N/A (Respondents) SOLICITORS: Lindsay Taylor (Applicant) N/A (Respondents) File Number(s): 40699/13 and 40700/13