NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: King v Maitland City Council [2021] NSWLEC 1343 Hearing dates: 26 February 2021 Date of orders: 10 June 2021 Decision date: 10 June 2021 Jurisdiction: Class 2 Before: Espinosa C Decision: See orders at [80] Catchwords: APPEAL – local government order 18 – keeping of cats on residential land – keeping of cats for domestic purpose – relevance of previous order pursuant to s 9.34 of the Environmental Planning and Assessment Act 1979 – role of policy adopted by Council pursuant to s 159 of the Local Government Act 1993 – offensive odour and offensive noise – annoyance to neighbours – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, 9.37, Division 9.5, Division 9.6, Schedule 5 Land and Environment Court Act 1979 Local Government Act 1993, ss 124, 131,132, 136, 159, 180, 628, Chapter 16 Protection of the Environment Operations Act 1997, Dictionary Cases Cited: King v Maitland City Council [2020] NSWLEC 1005 Tanious v Georges River Council [2017] NSWLEC 1023 Funnell v Blayney Shire Council [2020] NSWLEC 170 Texts Cited: Maitland City Council Policy for the Keeping of Animals, 8 July 2008 Category: Principal judgment Parties: Clare Louise King (Applicant) Maitland City Council (Respondent) Representation: Counsel: M Fozzard (Applicant) T Pickup (Solicitor) (Respondent)
Solicitors: Bilias & Associates (Applicant) Local Government Legal (Respondent) File Number(s): 2020/209415 Publication restriction: No
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