Canterbury City Council v Burslem (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Canterbury City Council v Burslem (No 2) [2016] NSWLEC 12 Hearing dates:24 February 2016Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction:Class 4Before: Craig J Decision: Refer to [23] Catchwords: CIVIL ENFORCEMENT - exercise of discretion to enforce Order given under s 124 of the Local Government Act 1993 - Order to remedy unsafe and unhealthy condition of Property - failure to comply with Order - continuing breach - orders made for respondent to carry out work required by Order but, in default, for applicant to carry out that work – s 678(10) of the Local Government Act - costs Legislation Cited: Local Government Act 1993 (NSW) Cases Cited: Canterbury City Council v Burslem [2007] NSWLEC 737 Category:Principal judgmentParties: Canterbury City Council (Applicant) Roy Frank Burslem (Respondent) Representation: Counsel: P Jackson (solicitor) (Applicant) Self represented (Respondent)   Solicitors: Pikes & Verekers Lawyers (Applicant) Self represented (Respondent) File Number(s):40963 of 2015EX TEMPORE Judgment These proceedings seek to address a problem that regrettably is one with which the Court is all too familiar. The problem is the accumulation of old, discarded and waste materials deposited around the curtilage of residential premises. Not only does such an accumulation of materials render the premises unsightly but in many cases, of which the present case is one, the accumulated materials both pose a public health risk and also impede easy access to and egress from the premises in the event of emergency, particularly...