Hornsby Shire Council v Footwear Trading Company Pty Limited and Peter Loccisano and Footwear Trading Group Pty Ltd [2008] NSWLEC 286

Hornsby Shire Council v Footwear Trading Company Pty Limited and Peter Loccisano and Footwear Trading Group Pty Ltd [2008] NSWLEC 286

Footwear Trading Company Pty Limited carried out development by displaying advertisements on parked vehicles and an electronic sign on public roads without development consent, breaching the Environmental Planning and Assessment Act 1979 and Hornsby Shire Local Environmental Plan. An injunction is warranted to restrain future breaches, and costs are awarded to the applicant.

Jurisdiction
Australia
Judgment Date
30 September 2008
Procedural Posture
Civil Enforcement / Final Judgment (ex Parte)
Outcome
Declaration that first respondent breached planning law; injunction issued; costs awarded to applicant.
Legal Topics
['development Without Consent' 'advertisements on Public Roads' 'injunctions' 'local Environmental Plan Breach']
['planning and Environment'] ['development Without Consent' 'advertisements on Public Roads' 'injunctions' 'local Environmental Plan Breach']

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Procedural Posture

Civil Enforcement / Final Judgment (ex Parte)

Legal Issues

  1. 1 ['Whether Footwear Trading Company Pty Limited carried out development for the purpose of advertisements without consent, in breach of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Local Environmental Plan' 'Whether Second and Third Respondents were involved in carrying out the advertisements' 'Whether an injunction should be issued to restrain future breaches']

Ratio Decidendi

Footwear Trading Company Pty Limited carried out development by displaying advertisements on parked vehicles and an electronic sign on public roads without development consent, breaching the Environmental Planning and Assessment Act 1979 and Hornsby Shire Local Environmental Plan. An injunction is warranted to restrain future breaches, and costs are awarded to the applicant.

Court Disposition

Declaration that first respondent breached planning law; injunction issued; costs awarded to applicant.

Orders

  • ['Declared that Footwear Trading Company Pty Limited has carried out development for advertisements in breach of Environmental Planning and Assessment Act 1979.' 'Ordered that Footwear Trading Company Pty Limited, its servants and agents, be restrained from carrying out advertisement-related development on New Line...