Council Statement

Thursday, 16 April 2020

Llandilo Farm Fresh has been the subject of ongoing non-compliance matters due to unauthorised building extensions and breaching the conditions of a development consent.

Council issued a penalty infringement notice in the amount of $3,000 for an unauthorised structure which the owners elected to pursue through a Court hearing, where they pleaded guilty to the offence. The Court imposed a fine for the offence in the amount of $20,000.

Further breaches have been identified where Llandilo Farm Fresh has continued selling products within the unauthorised extension, erecting unauthorised signage and items being sold that were in breach of their permitted products allowed for sale.

Llandilo Farm Fresh has commenced litigation in the Land and Environment Court concerning the unauthorised building extensions and the interpretation of the consent concerning the sale of products. The Court hearing is listed for October. The Court will decide whether the building extensions should be demolished and how Llandilo Farm Fresh should trade.

This follows a decision of the NSW Court of Appeal in 2010 arising from proceedings taken by the owners of Llandilo Farm Fresh against a decision by Council to refuse consent to the expansion of the fruit and vegetable store. The Court in that matter determined that the operators of the store were limited to selling certain products, and to a maximum floor area of 150 sqm.

Information contained within this news release was correct as at Thursday, 16 April 2020.