Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 6)

The appeal was brought by Wollondilly Shire Council against Foxman Environmental Development Services Pty Ltd. The dispute pertained to the interpretation and enforcement of a planning consent granted by the Council, which Foxman claimed was ambiguous in its terms and conditions. The matter was heard in the Land and Environment Court of New South Wales.

The court was required to determine whether the planning consent issued by the Council was ambiguous and if Foxman was entitled to relief based on the alleged ambiguity. The Council argued that the consent was clear and unambiguous, and that Foxman had failed to comply with the conditions. Foxman contended that the consent was ambiguous and that it had acted in reliance on the Council's representations.

The court held that the planning consent was not ambiguous and that Foxman had failed to establish that the consent was unclear in its terms. The court found that Foxman had acted in breach of the consent by not complying with the conditions as they were plainly expressed. The appeal was dismissed, and Foxman was ordered to pay costs to the Council.

The court ordered that the notice of motion be dismissed with costs, and that the orders made on 22 May 2013 be entered forthwith.