Auburn City Council v Hussein Hussein [2010] NSWLEC 77

Auburn City Council v Hussein Hussein [2010] NSWLEC 77

Carrying out development for use as a boxing gymnasium without development consent on the subject premises breaches s 76A of the Environmental Planning and Assessment Act 1979, and the respondent, as controlling manager, is liable for the unauthorised use; thus, declaratory and injunctive relief is warranted.

Parties
Applicant: Auburn City Council; Respondent: Hussein Hussein
Jurisdiction
Australia
Judgment Date
18 May 2010
Procedural Posture
Civil Enforcement / Judgment
Outcome
Declaratory and injunctive relief granted; costs ordered against respondent.
Legal Topics
Development Without Consent, Injunction, Recreational Facility Consent, Breach of Development Control
Planning and Environment Development Without Consent Injunction Recreational Facility Consent Breach of Development Control

Case Brief

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Parties

Auburn City Council

Applicant

Hussein Hussein

Respondent

Procedural Posture

Civil Enforcement / Judgment

Legal Issues

  1. 1 Whether the use of premises as a boxing gymnasium without development consent constitutes a breach of the Environmental Planning and Assessment Act 1979
  2. 2 Whether Hussein Hussein is responsible for the development being carried out

Ratio Decidendi

Carrying out development for use as a boxing gymnasium without development consent on the subject premises breaches s 76A of the Environmental Planning and Assessment Act 1979, and the respondent, as controlling manager, is liable for the unauthorised use; thus, declaratory and injunctive relief is warranted.

Court Disposition

Declaratory and injunctive relief granted; costs ordered against respondent.

Orders

  • Declaration that respondent is carrying out development at Unit 4, 354 Chisholm Road, Auburn for use as a boxing gymnasium without consent under the Environmental Planning and Assessment Act 1979.
  • Respondent and his agents restrained from using or causing the premises to be used for the purpose of a boxing gymnasium, or any other purpose without prior Council consent in accordance with the Act.