Nelda Bay Pty Limited v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Nelda Bay Pty Limited v Sutherland Shire Council [2014] NSWLEC 1231 Hearing dates:22 October 2014Decision date: 22 October 2014 Jurisdiction:Class 1Before: Moore SC Decision: Proposed consent orders upholding appeal [see (7)]. Catchwords: WORDS AND PHRASES: whether goods sold at premises were "boats and ancillary equipment" Cases Cited: Chamwell Pty Ltd v Strathfield Municipal Council [2007] NSWLEC 114, (2007) 151 LGERA 400 Pallas Newco v Voltraint No 1066 Pty Ltd [2003] NSWLEC 232, (2003) 129 LGERA 234 Category:Principal judgmentParties: Nelda Bay Pty Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Mr I Hemmings SC (Applicant) Ms J Amy (Respondent) Gadens Lawyers (Applicant) Sutherland Shire Council (Respondent) File Number(s):10557 of 2014 JudgmentSENIOR COMMISSIONER: In these proceedings, the applicant is currently operating a retail business on the corner of Taren Point Road and Parraweena Road at Taren Point (in the northeastern quadrant of that intersection). I inspected the site this morning with the legal representatives of the parties and those advising and instructing them. During the course of the inspection I examined:the signage on the inside of the windows displayed through the windowsthe signage that is on the exterior of the buildinga shipping container in the Taren Point Road frontage of the buildingthe proposed revised egress to Parraweena Road; andthe interior of the building and the items that are offered for sale in the building (they including several inflatable boats that are on display against the outer wall of the northern element of the...