Campbelltown City Council v Devlin [1999] NSWLEC 252

Campbelltown City Council v Devlin [1999] NSWLEC 252

The respondents' conduct of a commercial business and associated parking of multiple trucks from their residential property constituted use as 'commercial premises' prohibited in the zone without consent. Evidence established the link between the property and the business. The applicant's draft order (restraining use for commercial purposes and limiting truck parking to one vehicle) properly reflects both the planning controls and the public interest, justifying the grant of injunctive relief and costs.

Parties
Applicant: Campbelltown City Council; Respondent: Scott Anthony Devlin; Respondent: Simone Therese Devlin; Respondent: Devlin Specialised Transport Pty Ltd ACN 059 197 769
Jurisdiction
Australia
Judgment Date
12 October 1999
Procedural Posture
Class 4 Civil Enforcement Proceeding / Judgment
Outcome
Orders made restraining the use of the property for unauthorised commercial purposes and limiting parking of trucks; company joined as respondent; costs to applicant.
Legal Topics
Development Consent, Prohibited Use, Commercial Premises, Parking of Commercial Vehicles, Residential Zoning, Injunctions, Statutory Enforcement
Planning and Environment Law Development Consent Prohibited Use Commercial Premises Parking of Commercial Vehicles Residential Zoning Injunctions Statutory Enforcement

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Parties

Campbelltown City Council

Applicant

Scott Anthony Devlin

Respondent

Simone Therese Devlin

Respondent

Devlin Specialised Transport Pty Ltd ACN 059 197 769

Respondent

Procedural Posture

Class 4 Civil Enforcement Proceeding / Judgment

Legal Issues

  1. 1 Whether the respondents used residential property for prohibited commercial purposes without consent
  2. 2 Whether parking of multiple commercial vehicles constituted an ancillary commercial use
  3. 3 Whether relief in the nature of an injunction should be granted, having regard to discretion

Ratio Decidendi

The respondents' conduct of a commercial business and associated parking of multiple trucks from their residential property constituted use as 'commercial premises' prohibited in the zone without consent. Evidence established the link between the property and the business. The applicant's draft order (restraining use for commercial purposes and limiting truck parking to one vehicle) properly reflects both the planning controls and the public interest, justifying the grant of injunctive relief and costs.

Court Disposition

Orders made restraining the use of the property for unauthorised commercial purposes and limiting parking of trucks; company joined as respondent; costs to applicant.

Orders

  • Devlin Specialised Transport Pty Ltd joined as respondent; service requirements dispensed with.
  • Respondents restrained from using 229 Eagleview Road, Minto otherwise than for residential purposes without Council consent, and in particular from using or permitting use of the premises for trucking business activities (including parking, servicing, loading, or unloading of trucks), except that parking of one...