Snow Culture Pty Limited v Anthony Roberts Trading as Minister For Planning; Secretary, Department of Planning and Environment v Snow Culture Pty Limited [2017] NSWLEC 125

Land and Environment Court New South Wales

Medium Neutral Citation: Snow Culture Pty Limited v Anthony Roberts Trading as Minister For Planning; Secretary, Department of Planning and Environment v Snow Culture Pty Limited [2017] NSWLEC 125 Hearing dates: 17 August 2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Class 4 Before: Moore J Decision: At [60] Catchwords: ORDER - application for setting aside of restraining order - order said to be issued without compliance with mandated statutory process being followed - failure to follow statutory process conceded - order withdrawn BREACH OF DEVELOPMENT CONSENT - application for order to restrain breach of a development consent - development in snowfields - development required to cease during ski season - initial deadline end of May 2017 - building not completed to "lock up stage" by end of May - two extensions granted to permit achievement of "lock up stage" - building achieved "lock up stage" by end of second time extension - proposal by builder to continue working despite no approval to recommence until after the end of the ski season - application to restrain construction activities until after the end of the ski season - no sufficient reason to permit works to continue during the ski season - restraining order made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 121B, 124 Cases Cited: Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242 Mosman Municipal Council v Menai Excavations Pty Ltd (2002) 122 LGERA 89; [2002] NSWLEC 132 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 355 Category: Principal judgment Parties: Matter No 233139 of 2017 Snow Culture Pty Limited (Applicant) Anthony Roberts Trading as Minister for Planning (Respondent)