Warner v Parkes Shire Council [2021] NSWLEC 1191

Land and Environment Court New South Wales

Medium Neutral Citation: Warner v Parkes Shire Council [2021] NSWLEC 1191 Hearing dates: 27 October 2020, 24 November 2020, 19 February 2021, and 22 March 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: See orders at [27] below Catchwords: COUNCIL ORDERS – keeping of birds – relevant standards – storing junk on public land and private land – storing various materials on premises – preservation of healthy conditions Legislation Cited: Land and Environment Court Act 1979 Local Government Act 1993 Local Government (General) Regulation 2005 Category: Principal judgment Parties: Michael Warner (Applicant) Parkes Shire Council (Respondent) Representation: Counsel:

No appearance on 27 October 2020, 24 November 2020 and 19 February 2021; Dr R Sarafian appeared as agent for most of the hearing on 22 March 2021 (Applicant)

A Menyhart (Solicitor) (Respondent)

Solicitors:

M Warner (Self-represented) (Applicant) Bradbury Allen Love Lawyers (Respondent) File Number(s): 2019/210934 Publication restriction: No

Judgment 1. COMMISSIONER: The Applicant is appealing against orders given to him by the Respondent Council (Council) under items 18, 21 and 27 of s 124 of the Local Government Act 1993 (LG Act) dated 23 November 2018 (the Orders). 2. The Orders require the Applicant to restore the property known as 6 Hutton Street, Bogan Gate (being Lot 1 Section 7 in Deposited Plan 758125, and Lots 1 and 2 in Deposited Plan 1086877) (the premises), the vacant allotment adjacent to the premises (being Lot 1 in Deposited Plan 329018) and the public land in the vicinity of the premises (collectively, the property), to a safe and healthy condition, to remove objects that encroach onto public land, to reduce the number of birds being kept on the premises and to make changes to the manner in which those birds are being kept. Relevantly the premises have 3 street frontages being Edols, Lachlan and Hutton Streets, Bogan Gate. Bogan Gate is a small town of approximately 250 people situated 30 kilometres west of Parkes in the central western local government area of Parkes Shire Council. Image identifying the location of the property, the vacant land and the public land