Gardiner and Anor v Hornsby Shire Council [2000] NSWLEC 37

Land and Environment Court of New South Wales

CITATION : Gardiner and Anor v Hornsby Shire Council [2000] NSWLEC 37 APPLICANTS Gardiner and Anor PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 20060 of 1999 CORAM: Pearlman J KEY ISSUES: Compensation :- unsubstantiated - unreasonable - expenses - costs LEGISLATION CITED: Local Government Act 1993 s 181 CASES CITED: DATES OF HEARING: 29/11/99 EX TEMPORE 11/29/1999 JUDGMENT DATE :

APPLICANTS in person SOLICITORS n/a LEGAL REPRESENTATIVES: RESPONDENT Mr P R Clay (Barrister) SOLICITORS McKees Legal Solutions

JUDGMENT:

IN THE LAND AND 20060 of 1999 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 29 November 1999

MICHAEL GARDINER and MAG GARDINER PTY LTD Applicants v HORNSBY SHIRE COUNCIL Respondent

JUDGMENT

1. This is an application under s 181 of the Local Government Act 1993. It follows from orders which this Court made on 30 September 1999 in the following terms: The order of 15 July 1999 issued by Hornsby Shire Council to Mr Michael Gardiner pursuant to s 124(10) of the Local Government Act 1993 be substituted by the following order:

Remove any item from land in the immediate vicinity of a public place, if such item creates or is likely to create unsightly conditions when viewed from a public place.