Newcastle City Council v Jensen [2013] NSWLEC 26

Land and Environment Court New South Wales

Medium Neutral Citation: Newcastle City Council v Jensen [2013] NSWLEC 26 Hearing dates: 21 February 2013 Decision date: 21 February 2013 Jurisdiction: Class 4 Before: Craig J Decision: For orders see [10] Catchwords: CIVIL ENFORCEMENT - accumulation of motor vehicle related items on residential land - failure to comply with notices issued under s 124 Local Government Act 1993 requiring removal and appropriate storage of those items - proceedings to enforce compliance with those orders - use of land for storage not permitted under applicable planning instrument - breach of the Environmental Planning and Assessment Act 1979 - respondent's ordered to comply with s 124 notices - Council authorised to carry out work in default - respondent restrained from using land in breach of Environmental Planning and Assessment Act 1979. Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Local Government Rules 2005 Newcastle Local Environmental Plan 2003 Newcastle Local Environmental Plan 2012 Uniform Civil Procedure Rules Category: Principal judgment Parties: Newcastle City Council (Applicant) Charles Michael Jensen (First respondent) Susan Margaret Paul (Second respondent) Representation: P W Larkin SC (Applicant) S Eather, Solicitor (Respondent) Newcastle City Council Legal Services (Applicant) Bibie Dan Solicitors (Respondent) File Number(s): 41146 of 2012