Kjoller v Orange City Council [2008] NSWLEC 1297

Land and Environment Court of New South Wales

CITATION : Kjoller v Orange City Council [2008] NSWLEC 1297

APPLICANT Sophia Kjoller PARTIES : RESPONDENT Orange City Council

FILE NUMBER(S) : 20707 of 2008

CORAM: Brown C

KEY ISSUES: Appeal :- Order to carry out work to rectify unhealthy and unsafe premises

LEGISLATION CITED: Local Government Act 1993

DATES OF HEARING: 17/07/08

EX TEMPORE JUDGMENT DATE : 17 July 2008

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr J Taylor, solicitor SOLICITORS McIntosh McPhillamy & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

17 July 2008

20707 of 2008 Sophia Kjoller v Orange City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against an Order (Order 21) dated 11 March 2008 served by Orange City Council under s 124 of the Local Government Act 1993 (the LG Act) on Mrs Sonja Kjoller for her property at 8 Windred Street, Orange (the site). 2 The relevant parts of the Order state: Order 21 1. To remove all boxes, foam boxes, newspapers, pots and pot plants, bags, junk and rubbish from the front and back yard of the subject premises. 2. Cut and maintain all grass and other vegetation at a height of no more than 5 cm at all times in all parts of the front and back yard of the subject premises.

Reason for Order The land or premises are not in a safe or healthy condition. 3 Section 180(4) of the LG Act provides that: (4) On hearing an appeal, the Court may: (a) revoke the order, or (b) modify the order, or (c) substitute for the order any other order that the council could have made, or (d) find that the order is sufficiently complied with, or (e) make such order with respect to compliance with the order as the Court thinks fit, or (f) make any other order with respect to the order as the Court thinks fit . 4 The proceedings were conducted as an On Site Hearing and the judgment reflects the documentation provided to the Court and the findings given on site.