Finn v Ashfield Municipal Council [2008] NSWLEC 1418

Land and Environment Court of New South Wales

CITATION : Finn v Ashfield Municipal Council [2008] NSWLEC 1418

APPLICANT Terrance Finn PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10445 of 2008

CORAM: Hussey C

KEY ISSUES: Section 121B Order :- removal unauthorised structure to wall of building in Heritage Conservation Area.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 20/10/2008

EX TEMPORE JUDGMENT DATE : 20 October 2008

APPLICANT Mr T. Finn, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Hudson, solicitor of Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 October 2008

10445 of 2008 Terrance Finn v Ashfield Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background 1 This matter concerns an appeal against a Section 121B Order to demolish or remove unauthorised structures on a dwelling house at 176 Bland Street, Haberfield.

2 The s121b Order dated 4 April 2008 required the demolition or removal within 30 days of various materials attached to the wall of the dwelling as follows: o The box-like structures attached to the south-western wall. o The corrugated iron sheets/screening attached to the south-western wall. o The blue plastic sheets/screening attached to the boundary fence. o The barbed wire above the side-passage fence gate on the south-western side of the premises. 3 According to the applicant, these materials (apart from the barbed wire) were erected to counter unsatisfactory odours/toxic fumes arising from the neighbouring property.