Hallmark Construction Pty Ltd v Strathfield Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Hallmark Construction Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 170 Hearing dates:07 October 2016Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction:Class 4Before: Robson J Decision: (1)   Summons is dismissed. (2)   Costs are reserved. (3)   Exhibits are returned. Catchwords: JUDICIAL REVIEW – anticipated breach of consent – extent of judicial power to grant relief to prevent breach of consent – no such power available under s 124 of EPA Act Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 5, 96, 122, 123, 124 Category:Principal judgmentParties: Hallmark Construction Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Winram (solicitor) (Respondent)   Solicitors: Milad S Raad & Associates (Applicant) Maddocks Lawyers (Respondent) File Number(s):2016/00298746EX Tempore Judgment The matter before me as Duty Judge is a summons filed today by Hallmark Construction Pty Ltd (‘applicant’) seeking final relief as a matter of urgency. The primary relief sought is an order that the applicant be relieved from complying for today only (being 7 October 2016) with condition 53 of the notice of determination of development application no. 0405/176 issued on 12 June 2007 (‘Consent’) for a development of near 400 residential apartments at 78 Marlborough Road, Homebush West, in the local government area of Strathfield Municipal Council (‘Council’). The reason that the matter has assumed such urgency is that a concrete “pour” for a “podium transfer slab” for one of the buildings commenced this morning,...