Udy v Hornsby Shire Council [2007] NSWLEC 614

Land and Environment Court of New South Wales

CITATION : Udy v Hornsby Shire Council [2007] NSWLEC 614

APPLICANT Yelena Udy PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11296 of 2006

CORAM: Hussey C

KEY ISSUES: Appeal :- against Section 96 Direction to take preventative action: Remove unauthorised filling that has been placed on the subject property causing possible harm from contaminated material, leaching of pollution into the natural watercourses, destruction of mature trees due to placement of filling and rehabitate area.

LEGISLATION CITED: Protection of the Environment Operations Act 1997

DATES OF HEARING: 13/09/2007 and 25/09/2007

EX TEMPORE JUDGMENT DATE : 13 September 2007

APPLICANT Mr M. Stevens, barrister Instructed by A R Walmsley & Co LEGAL REPRESENTATIVES:

RESPONDENT Mr T. Howard, barrister Instructed by HWL Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

13 September 2007

11296 of 2006 Yelena Udy v Hornsby Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal is against a Direction to Take Preventative Action under the provisions of s 96 of the Protection of the Environment Act 1997. The direction applies to unauthorised filling that has been placed on the subject property at 6 Belbowrie Close, Galston. This property is described as Lot 11 DP 810918 and it is partly in the Rural (Br) Small Holdings and Rural Landscapes Zone (about 50%) and the other part is in the Environmental Protection B (River Catchment) Area.