Blacktown City Council v Claus Reinhardt [2008] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : Blacktown City Council v Claus Reinhardt [2008] NSWLEC 130

APPLICANT: Blacktown City Council PARTIES : RESPONDENT: Claus Reinhardt

FILE NUMBER(S) : 41257 of 2007

CORAM: Biscoe J

KEY ISSUES: Civil Enforcement :- failure to comply with council order under s 121B Environmental Planning and Assessment Act 1979.

LEGISLATION CITED: Blacktown Local Environmental Plan 1988 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 121B, 121ZK and 126(1)

DATES OF HEARING: 19 March 2008

EX TEMPORE JUDGMENT DATE : 19 March 2008

APPLICANT: Mr P Kelso SOLICITORS Bartier Perry LEGAL REPRESENTATIVES: RESPONDENT: Mr C Reinhardt (in person) SOLICITORS N/A

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

19 March 2008

41257 of 2007

BLACKTOWN CITY COUNCIL v CLAUS REINHARDT

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a civil enforcement proceeding in Class 4 of the Court's jurisdiction.

2 On 11 July 2007 the applicant Blacktown City Council served the respondent Claus Reinhardt with its order dated 10 July 2007 pursuant to s 121B of the Environmental Planning and Assessment Act 1979. The order was addressed to Mr Reinhardt as the occupier of premises in Hobart Street, Wellington Street and Loftus Street, Riverstone, more particularly described in the order. The order recited that further to a council notice of 20 February 2007, a recent inspection of the premises had revealed that Mr Reinhardt had not ceased to permit the use of the premises for the purpose of the storage of motor vehicles, motor vehicle bodies and associated scrap and junk. Consequently, pursuant to s 121B of the Environmental Planning and Assessment Act 1979, Mr Reinhardt was ordered to: Remove all motor vehicles, motor vehicle bodies and associated scrap and junk from the premises the subject of this Order. within 30 days of the date thereon. The notice referred to the possibility of the council extending the time for completion of the works; set out the reasons that the council had issued the order; and drew attention to ss 121ZK and 126(1) of the Act.