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

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

The Penatrators Pty Limited carried out unauthorised development on the Hamilton Street Land for a waste disposal facility, which was prohibited under the applicable planning instrument and breached s 76B of the Environmental Planning and Assessment Act 1979, and carried out development on the Melbourne Road Land for a waste or resource management facility without consent, breaching s 76A. Because the evidence established The Penatrators Pty Limited, rather than Michael Galainy personally or Riverstone Waste Transfer Pty Ltd, as the person in breach, restraining, removal and costs orders were made only against The Penatrators Pty Limited and the proceedings against the other respondents...

Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Class 4 Civil Enforcement Proceedings to Restrain Unlawful Depositing of Waste Building Materials and Require Removal / Final Hearing; Ex Tempore Principal Judgment
Outcome
Relief granted against the first respondent in both proceedings; proceedings dismissed against the other respondents.
Legal Topics
['development Without Consent' 'prohibited Development' 'waste Disposal Facility' 'waste or Resource Management Facility' 'waste or Resource Transfer Station' 'restraining Orders Under S 124 of the Environmental Planning and Assessment Act 1979' 'removal of Waste Materials']
['environmental Planning and Assessment' 'land and Environment' 'civil Enforcement'] ['development Without Consent' 'prohibited Development' 'waste Disposal Facility' 'waste or Resource Management Facility' 'waste or Resource Transfer Station' 'restraining Orders Under S 124 of the Environmental Planning and Assessment Act 1979' 'removal of Waste Materials']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings to Restrain Unlawful Depositing of Waste Building Materials and Require Removal / Final Hearing; Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether the depositing and storage of building and demolition waste on the Hamilton Street Land was prohibited development or development requiring consent that had not been obtained.' 'Whether the depositing and storage of building and demolition waste on the Melbourne Road Land was development requiring consent that had not been obtained.' 'Whether The Penatrators Pty Limited was the person carrying out the unlawful activities on both parcels of land.' 'Whether final orders should be made against Michael Galainy or Riverstone Waste Transfer Pty Ltd.']

Ratio Decidendi

The Penatrators Pty Limited carried out unauthorised development on the Hamilton Street Land for a waste disposal facility, which was prohibited under the applicable planning instrument and breached s 76B of the Environmental Planning and Assessment Act 1979, and carried out development on the Melbourne Road Land for a waste or resource management facility without consent, breaching s 76A. Because the evidence established The Penatrators Pty Limited, rather than Michael Galainy personally or Riverstone Waste Transfer Pty Ltd, as the person in breach, restraining, removal and costs orders were made only against The Penatrators Pty Limited and the proceedings against the other respondents...

Court Disposition

Relief granted against the first respondent in both proceedings; proceedings dismissed against the other respondents.

Orders

  • ['In proceedings 13/40699, declaration that the first respondent carried out development for the purposes of a waste disposal facility at Lot 23, Lot 24 and Lot 25 Section 47 in DP 1480 at Hamilton Street Vineyard in breach of s 76B of the Environmental Planning and Assessment Act 1979.' 'In proceedings 13/40699,...