Tanious v Georges River Council [2016] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: Tanious v Georges River Council [2016] NSWLEC 1330 Hearing dates: 2 August 2016 Date of orders: 11 August 2016 Decision date: 11 August 2016 Jurisdiction: Class 2 Before: Morris C Decision: Appeal upheld Catchwords: ORDER: restriction on the number of poultry to be kept on residential property; Order varied to reflect the council's policy Legislation Cited: Local Government Act 1993; Land and Environment Court Act 1979; Uniform Civil Procedure Rules 2005; Protection of Environment Operations Act 1997 Texts Cited: Local Orders Policy – Keeping of Animals Category: Principal judgment Parties: Mofeed Tanious (Applicant)

Georges River Council (Respondent) Representation: Solicitors: Ms J Ware, Georges River Council (Respondent)

Mr M Tanious Litigant in Person (Applicant) File Number(s): 2016/155914

Judgment 1. This is an appeal against an Order issued by Georges River Council (formerly Hurstville City Council) that limits the number of poultry to be kept on a residential property. Mr Tanious, the tenant of that property is appealing the provisions of that Order and seeks to increase the number of birds that may be kept.

The site and its context 1. The site, No 1 Arnold Street, Peakhurst is located on the southern side of the street to the east of Belmore Road. It contains a single storey brick and tile dwelling house. Within its rear yard are a number of enclosures used to contain a range of poultry including chickens, turkeys, roosters and Japanese Quail. 2. The site is surrounded by low density housing with detached dwelling houses on all adjoining allotments.