Randwick City Council v Link Construction (NSW) Pty Ltd [2010] NSWLEC 86

Randwick City Council v Link Construction (NSW) Pty Ltd [2010] NSWLEC 86

The respondent engaged in a continuous course of conduct in breach of condition 46 of the development consent, warranting restraining orders to ensure compliance with prescribed hours of operation and to uphold planning standards.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 May 2010
Procedural Posture
Civil Enforcement / Final Hearing
Outcome
Orders restraining the respondent from carrying out work in breach of condition 46, costs awarded to applicant.
Legal Topics
['breach of Development Consent' 'civil Enforcement Under Environmental Planning and Assessment Act 1979']
['environmental Law' 'planning Law'] ['breach of Development Consent' 'civil Enforcement Under Environmental Planning and Assessment Act 1979']

Source-derived case record

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Procedural Posture

Civil Enforcement / Final Hearing

Legal Issues

  1. 1 ['Whether the respondent carried out building work in breach of conditions 46 and 50 of development consent DA 543/2008' 'Whether such breach constitutes a contravention of s 76A of the Environmental Planning and Assessment Act 1979' 'Appropriateness of orders restraining further breach and costs']

Ratio Decidendi

The respondent engaged in a continuous course of conduct in breach of condition 46 of the development consent, warranting restraining orders to ensure compliance with prescribed hours of operation and to uphold planning standards.

Court Disposition

Orders restraining the respondent from carrying out work in breach of condition 46, costs awarded to applicant.

Orders

  • ['Respondent restrained from carrying out building, demolition, or site works at 438 – 448 Anzac Parade, Kingsford outside specified hours contrary to Condition 46 of DA/543/2008.' "Respondent to pay applicant's costs, agreed in the sum of $13,200." 'Exhibits may be returned.' "Liberty reserved to either party to...