Bazley v Holroyd City Council [2009] NSWLEC 1131

Land and Environment Court of New South Wales

CITATION : Bazley v Holroyd City Council [2009] NSWLEC 1131

APPLICANT Bazley Patricia Ann PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 10047 of 2009

CORAM: Hussey C

KEY ISSUES: SECTION 121B ORDER :- Demolish retaining wall and remove filling; overlooking; privacy; drainage

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 28 April 2009

EX TEMPORE JUDGMENT DATE : 28 April 2009

APPLICANT Mr G Newport, Barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr G McKee, Solicitor of McKees Legal Solutions

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 April 2009

10047 of 2009 Patricia Ann Bazley v Holroyd City Council

JUDGMENT Background. 1 This appeal is against a s121 B Order issued in respect of the construction of a retaining wall and associated filling at 6 Kookaburra Street, Greystanes. The Order No 2 required: ( 1) Remove all fill and associated retaining wall from within the property and reinstate natural ground levels (NGL) to those that existed prior to the unauthorised work occurring. (2) Remove large barrels and timber frame work placed across the overland stormwater flow path along the north-western boundary to ensure proper flow of overland stormwater. 2 The required removal works were undertaken to satisfy item (2) and this was not pursued by council.