Parramatta City Council v M E and B D Pty Limited [2012] NSWLEC 47

Parramatta City Council v M E and B D Pty Limited [2012] NSWLEC 47

The awning continues to be erected and used without development consent, and failure to comply with s 121B order constitutes a breach under the Environmental Planning and Assessment Act; however, orders for remedy or restraint are deferred until receivers and managers can be heard.

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Civil Enforcement / Adjournment Pending Further Hearing on Relief
Outcome
Proceedings adjourned
Legal Topics
['development Consent' 'existing Use' 'breach of Statutory Order' 'remedies for Breach']
['environmental Law' 'planning Law'] ['development Consent' 'existing Use' 'breach of Statutory Order' 'remedies for Breach']

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Procedural Posture

Civil Enforcement / Adjournment Pending Further Hearing on Relief

Legal Issues

  1. 1 ['Whether the erection and use of the awning was in breach of the Environmental Planning and Assessment Act 1979' 'Whether failure to comply with s 121B order constitutes a breach' 'Whether relief (removal of awning) should be ordered']

Ratio Decidendi

The awning continues to be erected and used without development consent, and failure to comply with s 121B order constitutes a breach under the Environmental Planning and Assessment Act; however, orders for remedy or restraint are deferred until receivers and managers can be heard.

Court Disposition

Proceedings adjourned

Orders

  • ['Proceedings adjourned to 9.30am on 13 March 2012 before Preston CJ.' 'Council directed to notify and provide judgment reasons to receivers and managers and invite their participation.']