Murtough v Randwick City Council [2004] NSWLEC 505

Land and Environment Court of New South Wales

CITATION : Murtough v Randwick City Council [2004] NSWLEC 505 APPLICATION Christopher George Murtough PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10521 of 2004 CORAM: Murrell C KEY ISSUES: Appeal :- s 121(b) order issued by Randwick City Council on 8 April 2004. Erection of retaining wall without approval. Impact on adjoining properties.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Randwick LEP 2000 CASES CITED: DATES OF HEARING: 6/09/04 EX TEMPORE 09/06/2004 JUDGMENT DATE :

APPLICANT Mr C G Murtough, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Pickles, barrister instructed by Bowen & Gerathy Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 September 2004

10521 of 2004 Murtough C. G. –v- Randwick City Council

JUDGMENT

1 This verbal judgment is for an appeal against a s 121(b) order issued by the Randwick City Council on the 8 April 2004 in respect of the property known as 91 St Marks Road, Randwick.

2 The issue in these proceedings is whether the impact of the retaining wall as constructed is excessive in terms of the amenity on the adjoining neighbours and whether in fact the impact of the retaining wall in particular where it adjoins 11A Farnham Avenue, is unreasonable. The Court had the benefit of a view and a site inspection and the parties also provided the Court with material to assist in its decision. 3 At the end of the day the applicant, Mr Murtough, who represented himself in these proceedings has agreed to the final order being issued by the Court today without further inquiry or court hearing as to the validity of the order or any further challenge to the way in which the order was issued by the Council in terms of the procedures set out in the Act.