Canterbury City Council v Burslem (No 2) [2016] NSWLEC 12

Canterbury City Council v Burslem (No 2) [2016] NSWLEC 12

The respondent had failed to comply with the Council's s 124 order of 23 June 2015, and the continuing accumulation of waste materials and vegetation at the Property created health and safety risks. Given the ongoing breach, the prior history of similar enforcement action, and the absence of any real or substantial...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 February 2016
Procedural Posture
Class 4 Civil Enforcement Proceedings / Ex Tempore Judgment and Final Orders
Outcome
Application granted; respondent ordered to carry out clearing and removal works by 5.00pm on 26 April 2016, with Council authorised to inspect and, in default, enter and complete outstanding works; respondent ordered to pay the applicant's costs.
Legal Topics
['enforcement of Order Under S 124 of the Local Government Act 1993' 'unsafe and Unhealthy Condition of Property' 'removal of Waste, Rubbish and Vegetation' 'council Entry and Works Under S 678(10) of the Local Government Act 1993' 'costs']
['local Government' 'land and Environment' 'civil Enforcement'] ['enforcement of Order Under S 124 of the Local Government Act 1993' 'unsafe and Unhealthy Condition of Property' 'removal of Waste, Rubbish and Vegetation' 'council Entry and Works Under S 678(10) of the Local Government Act 1993' 'costs']

Source-derived case record

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Ex Tempore Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the respondent failed to comply with an order given under s 124 of the Local Government Act 1993 requiring clearing and removal work at 70A Hay Street, Ashbury.' "Whether the Court should exercise its discretion to make mandatory orders requiring compliance with the Council's order." 'Whether, in default of compliance by the respondent, the Council should be ordered under s 678(10) of the Local Government Act 1993 to enter the Property and complete the outstanding work.' 'What period should be allowed for the respondent to carry out the work before Council entry is authorised.' "Whether the respondent should pay the applicant's costs."]

Ratio Decidendi

The respondent had failed to comply with the Council's s 124 order of 23 June 2015, and the continuing accumulation of waste materials and vegetation at the Property created health and safety risks. Given the ongoing breach, the prior history of similar enforcement action, and the absence of any real or substantial effort by the respondent to comply, it was appropriate to order the respondent to complete the required work within 60 days and, if he defaulted, to order the Council under s 678(10) to enter the Property and complete the outstanding work. As the Council succeeded, the respondent was ordered to pay its costs.

Court Disposition

Application granted; respondent ordered to carry out clearing and removal works by 5.00pm on 26 April 2016, with Council authorised to inspect and, in default, enter and complete outstanding works; respondent ordered to pay the applicant's costs.

Orders

  • ['By 5.00pm on 26 April 2016 the respondent must, at 70A Hay Street, Ashbury, undertake the work and carry out the tasks listed in the Schedule to the Order.' "On a date not later than 3 May 2016 the applicant's Manager of Environmental Compliance and Administration and the applicant's Environmental Health Officer...