NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Kathy Anne Pope v Tumut Shire Council [2013] NSWLEC 1238 Hearing dates: 25 November 2013 Decision date: 16 December 2013 Jurisdiction: Class 2 Before: Hussey C Decision: 1 The appeal is upheld. 2 The Section 124 Order No 18 is amended to require the removal of the horse from the premises at No 16, Lot 9 DP 7550 Selwyn Street, Batlow by 30 April 2014. 3 Unless the owner of the horse removes it from the site, the owner of the horse is to carry out the works shown in the Management Plan (Attachment A), to the ensure that a satisfactory environmental outcome is achieved whilst the horse remains on the property. 4 If the works specified in the preceding Order 3 are carried out before 30 April 2014, then Order 2 is discharged. 5 If Order 4 operates to affect the discharge of Order 2, the Management Plan shall remain in effect whilst ever the horse remains at the premises at No 16, Lot 9 DP 7550 Selwyn Street, Batlow. Catchwords: Section 124 Order: Removal of horse from premises considered inappropriate, contaminated runoff, odour and dust amenity, Management Plan. Legislation Cited: Local Government Act 1993 Local Government (General) Regulation 2005 ("the Local Government Reg") Cases Cited: Pittwater Council v Bolitho [2007] NSWLEC 355 Category: Principal judgment Parties: Kathy Anne Pope (Applicant)
Tumut Shire Council (Respondent) Representation: Solicitors Ms K Pope (Applicant in Person)
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