Jacobs v Hurstville City Council [2007] NSWLEC 470

Land and Environment Court of New South Wales

CITATION : Jacobs v Hurstville City Council [2007] NSWLEC 470

Applicant Kevin Roy Jacobs PARTIES : Respondent Hurstville City Council

FILE NUMBER(S) : 10061 of 2007 and 10062 of 2007

CORAM: Murrell C

KEY ISSUES: Appeal :- Order for demolition of retaining wall

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 4/06/2007, 29/06/2007 and 16/07/2007

DATE OF JUDGMENT: 16 July 2007

Applicant Mr. K. R. Jacobs, litigant in person

LEGAL REPRESENTATIVES: Respondent Ms. J. Hewitt, solicitor with Mr Melino, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

16 July 2007

10061 of 2007 Kevin Roy Jacobs v Hurstville 10062 of 2007 Council

JUDGMENT 1 This is an extempore judgment for an appeal under s 121 of the Environmental Planning and Assessment Act against Hurstville City Council's issuing of an order to the owner of the property being Lot 169 known as No 75 Clark Street Peakhurst. The owner of the property is Mr Jacobs and Mr Jacobs is a litigant in person in these proceedings.

2 The Court first met on site on 4 June and inspected the property and the environs of the retaining wall/concrete wall at the rear on the boundary of Mr Jacobs' property with No 73 Clark Street. The Court issued directions that Mr Jacobs seek advice from a structural engineer about the structural soundness of the wall near the boundary and impacts on surrounding lands and if structurally not sound what necessary works would be required.