Georgette v Sutherland Shire Council [2023] NSWLEC 1646

Land and Environment Court New South Wales

Medium Neutral Citation: Georgette v Sutherland Shire Council [2023] NSWLEC 1646 Hearing dates: Conciliation Conference 27 October 2023 Date of orders: 01 November 2023 Decision date: 01 November 2023 Jurisdiction: Class 2 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The Order issued by the Respondent, pursuant to s 124 of the Local Government Act 1993, (which is attached at Annexure A) be amended as follows:- a) "TO DO WHAT" is amended as follows:- 6. Ensure that no more than four (4) ten (10) cats are being kept on the subject premises at any time and those cats are kept in the manner as detailed below: a) No more than six (6) cats are to be kept in the existing cat enclosure located in the rear yard of the subject premises; and b) No more than four (4) cats are to be kept in the existing cat enclosure located in the front yard of the subject premises and on the southern side of the balcony. 7. The existing cat enclosure located in the front yard of the subject premises and on the northern side of the balcony shall be removed and no cat enclosure shall be installed/placed on the northern side of that balcony. 8. The existing cat enclosure located in the rear yard of the subject premises shall be sealed against rain entering litter trays. b) "PERIOD FOR COMPLIANCE" is amended as follows: Item 6: Monday 2nd October 2023 by 5.00pm Within six (6) months from the date of this Court Order. Items 7 and 8: Within three (3) months from the date of this Court Order. Catchwords: ORDER APPEAL – keeping premises in healthy condition – management and number of cats at residential site – odour nuisances associated with keeping cats - conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, s 34 Local Government Act 1993, ss 124, 129, 180 Category: Principal judgment Parties: Danielle Gai Georgette (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: D Georgette (Litigant in person)(Applicant) J Amy (Solicitor)(Respondent)