Blue Mountains City Council v Venkataramana

Land and Environment Court New South Wales Medium Neutral Citation: Blue Mountains City Council v Venkataramana and Anor [2015] NSWLEC 201 Hearing dates:4 December 2015Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction:Class 1Before: Moore AJ Decision: At [19] Catchwords: FIRE SAFETY – inoperative system – interim orders HYGIENE – rat droppings in kitchen – interim orders Category:Procedural and other rulingsParties: Blue Mountains City Council (Applicant) M K Venkataramana (First Respondent) N A Birch (Second Respondent) Representation: Counsel: Mr T Cork, Solicitor (Applicant) Mr M Fozzard, Barrister (Respondents)   Solicitors: McPhee Kelshaw (Applicant) File Number(s):40917 of 2015Publication restriction:NoJudgment HIS HONOUR: These proceedings were commenced by summons issued by Blue Mountains City Council (the Council) against the two nominated Respondents in October 2015.  The matter has been before the list judge on a number of occasions since its first return date on 23 October. The primary matter that is in dispute between the parties concerns whether or not the Respondents are carrying out a development at premises known as the Rest Easy Motel at 3‑5 Old Bathurst Road, Wentworth Falls, rather than for the permitted use as a motel but using it for general residential occupation, in effect, as a residential flat building. That matter will now be dealt with in substantive terms by a hearing in February 2016.  As a consequence of that, there is no need to grant the first element sought in the notice of motion with which I am dealing today; that is, an order...