Allen v Campbelltown City Council [2008] NSWLEC 1496

Allen v Campbelltown City Council [2008] NSWLEC 1496

The appeal was upheld in part because, although the Court accepted that a well cared for organic garden has environmental benefits, the subject property had an undesirable presentation to the public domain and the visible stored materials and unnecessary vegetation could reasonably be required to be removed,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2008
Procedural Posture
Appeal Against a Section 124 Order No 10 and No 21 / Judgment After Hearing
Outcome
Appeal upheld in part; revised Section 124 order made.
Legal Topics
['section 124 Order' 'removal of Vegetation' 'unsightly Premises' 'health Risk' 'organic Garden' 'storage of Rubbish and Building Materials']
['local Government' 'environmental Law' 'planning and Land Use'] ['section 124 Order' 'removal of Vegetation' 'unsightly Premises' 'health Risk' 'organic Garden' 'storage of Rubbish and Building Materials']

Source-derived case record

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Procedural Posture

Appeal Against a Section 124 Order No 10 and No 21 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Section 124 orders requiring reduction of vegetation and removal or storage of materials at 105 Belmont Road, Glenfield should be upheld, varied or replaced by a revised order.' "Whether the property's vegetation and stored materials were unsightly or likely to create unhealthy conditions or harbourage for pests." "Whether the applicant's organic garden and use of recycled materials justified retaining the vegetation and materials in their existing condition."]

Ratio Decidendi

The appeal was upheld in part because, although the Court accepted that a well cared for organic garden has environmental benefits, the subject property had an undesirable presentation to the public domain and the visible stored materials and unnecessary vegetation could reasonably be required to be removed, reduced, disposed of or stored away from public view to maintain street presentation and minimise health risks. A revised Section 124 order was therefore reasonable.

Court Disposition

Appeal upheld in part; revised Section 124 order made.

Orders

  • ['The appeal is upheld in part.' 'Pursuant to Section 124 of the Local Government Act, the revised Order is made.' 'Reduce to a maximum height of 100mm all dead and overgrown common grasses and seed setting grasses including pampas grass and Chilean needle grass and all weeds including morning glory, trad, alligator...