NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Howard v Port Stephens Council [2009] NSWLEC 1209
APPLICANT Robert James and Natina Louise Howard PARTIES : RESPONDENT Port Stephens Council
FILE NUMBER(S) : 11076 of 2008
CORAM: Taylor C
KEY ISSUES: APPEAL :- against a s 124 order; aquatic weeds and drainage clearance; consent orders
LEGISLATION CITED: Local Government Act 1993
DATES OF HEARING: 04 May 2009 & 22 June 2009
DATE OF JUDGMENT: 22 June 2009
APPLICANT Robert James and Natina Louise Howard (self represented)
LEGAL REPRESENTATIVES: RESPONDENTS Mr M Ball (solicitor) SOLICITOR Harris Wheeler Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Taylor C
22 June 2009
11076 of 2008 Howard, Robert James and Natina Louise v Port Stephens Council
JUDGMENT This determination was given extemporaneously and has been edited prior to publication. 1 Commissioner: This is an appeal under s 180 of the Local Government Act, 1993, against the service of an Order Notice under s 124 (12) of the Local Government Act, 1993, dated 30 September 2008.
2 The Order was served on Mr and Mrs Howard (the owners), of Lot 1, DP 742832, 75 Cabbage Tree Road, Williamstown, NSW 2318, which required them to remove aquatic weed and sediment from a Council drain traversing their property.
3 I had the benefit of inspecting the property, the drain and the aquatic weeds on 4 May 2009. During the on site hearing I also heard evidence from weed experts Mr G. Pritchard (for the Council) and Mr Nelson (for the Respondent).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate