Randwick City Council v Hanna Mekler & Anor [2009] NSWLEC 141

Procedural Posture

Class 4 Application / Ex Tempore Judgment on Consent Declaratory and Injunctive Relief

Legal Issues

1. 1 ['Whether the premises were used as a car wash and taxi depot without development consent under the Environmental Planning and Assessment Act 1979.' 'Whether the proposed declaratory and injunctive orders were appropriate.' 'Whether sufficient steps had been taken to notify the second respondent of the proposed consent orders and hearing.']

Ratio Decidendi

The admitted planning history and surveillance evidence demonstrated that, although consent existed for use as a service station, no consent had been granted for use of the premises as a taxi depot or car wash, and the premises were in fact being used for those purposes. The Court was satisfied that there had been a breach of the Environmental Planning and Assessment Act 1979 and that the consent declarations and injunctions were appropriate.

Court Disposition

Declaratory and injunctive relief granted by consent; each party to bear their own costs.

Orders

• ['The Court declared that the first or second respondent or either of them are or have previously used the premises for the provision of car wash services without having obtained development consent for that use under the Environmental Planning and Assessment Act 1979.' 'The Court declared that the premises have...