Manly Council v Newton [2007] NSWLEC 768

Land and Environment Court of New South Wales

CITATION : Manly Council v Newton [2007] NSWLEC 768

APPLICANT Manly Council PARTIES : RESPONDENT Michael Robert Raymond Newton

FILE NUMBER(S) : 40737 of 2007

CORAM: Preston CJ

KEY ISSUES: Civil Enforcement :- accumulation of waste on premises - orders made under s 124 Local Government Act 1993 - non-compliance with orders by respondent - injunctive relief sought by Council to remedy breach - no appearance by respondent - orders made to remove waste should be specific

LEGISLATION CITED: Local Government Act 1993, s 124, s 672, s 673(1), s 678

CASES CITED: Wollongong City Council v McLean [2006] NSWLEC 295

DATES OF HEARING: 14 November 2007

EX TEMPORE JUDGMENT DATE : 14 November 2007

APPLICANT L R Finn (Solicitor) SOLICITORS LEGAL REPRESENTATIVES: Home Wilkinson Lowry

RESPONDENT No Appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PRESTON CJ

14 NOVEMBER 2007

40737 OF 2007

MANLY COUNCIL V MICHAEL ROBERT RAYMOND NEWTON

JUDGMENT

1 HIS HONOUR: Michael Newton owns residential premises at 14 Kirkwood Street, Seaforth. It is formally described as lot 76 in deposited plan 11162. Unfortunately, there is currently, and has been on and off for about a decade, an accumulation of waste on the premises. 2 The relevant local government authority, Manly Council, has taken action over the years, including issuing orders and penalty infringement notices under the Local Government Act 1993. Mr Newton has responded, usually belatedly, by reducing the accumulation of waste but inevitably the problem reoccurs. 3 The latest administrative action taken by the Council has been to issue an order under s 124 of the Local Government Act in terms of item 22A in the table to that section. The Order is No 122/06 and is dated 3 November 2006. 4 The Order is in respect of the whole of the premises and was served on Mr Newton in his capacity as owner of the premises. The Order requires Mr Newton to: "4.1 Remove from the land and dispose of from the area to a designated rubbish collecting facility, all accumulation of materials within the dwelling and surrounding property boundary of the premises , the following materials: