Hurstville City Council v Jacobs (No 2) [2008] NSWLEC 240

Land and Environment Court of New South Wales

CITATION : Hurstville City Council v Jacobs (No 2) [2008] NSWLEC 240

APPLICANT: Hurstville City Council PARTIES : RESPONDENT: Kevin Roy Jacobs

FILE NUMBER(S) : 40013 of 2006

CORAM: Biscoe J

KEY ISSUES: Civil Enforcement :- respondent failed to comply with council order and Court consent orders to remove refuse and overgrown vegetation from premises - order made under s 678(10) of Local Government Act 1993 that council execute its function by carrying out those works.

LEGISLATION CITED: Local Government Act 1993 (NSW), ss 124, 193, 199, 678

CASES CITED: Hurstville City Council v Jacobs [2007] NSWLEC 630

DATES OF HEARING: 5 August 2008

EX TEMPORE JUDGMENT DATE : 5 August 2008

APPLICANT: Dr S. Berveling, barrister SOLICITORS HWL Ebsworth LEGAL REPRESENTATIVES: RESPONDENT: Mr K. R. Jacobs (in person) SOLICITORS N/A

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

5 August 2008

40013 of 2006

HURSTVILLE CITY COUNCIL v KEVIN ROY JACOBS

EX TEMPORE JUDGMENT 1 HIS HONOUR: The respondent, Kevin Jacobs, owns residential premises at 75 Clarke Street, Peakhurst. They are formally described as Lot 160 in Deposited Plan 11124. There is currently, and has been since at least 2004, an accumulation of a great deal of material and overgrown vegetation at the premises. 2 On 3 November 2004, the relevant local government authority, Hurstville City Council, issued an order under s 124 of the Local Government Act 1993 (NSW) (council order) directing Mr Jacobs within 28 days of the date of that order to: 1. Remove all miscellaneous refuse and extraneous items from the premises including but not limited to rusting and unused metal, unused timber, broken and disused plastic, unused ricks [sic], broken concrete slabs, scattered rubble etc. 2. Cut back, remove and dispose of all overgrown vegetation (alive and dead) from the premises to an approved waste facility.