Findlay v Ashfield Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Findlay v Ashfield Council [2016] NSWLEC 1219 Hearing dates:9 May and 6 July 2016Date of orders: 19 July 2016 Decision date: 03 June 2016 Jurisdiction:Class 2Before: Hussey AC Decision: 1   The appeal is dismissed.2   The Section 124 Order made on 20 November 2015 is superceded by the new S 124 Order in Attachment B.3   The exhibits may be returned except for 1, 2, 3, 6, 7, A, D and E. Catchwords: Section 124 Order: Removal of horse from premises considered inappropriate, odour, flies and drainage impacts. Legislation Cited: Land and Environment Court Act 1979 Local Government Act 1993 Local Government (General) Regulation 2005 Cases Cited: Holmes v Director-General of the Department of Infrastructure Planning and Natural Resources (2005) 139 LGERA 102,108   Kathy Anne Pope v Tumut Shire Council [2013] NSWLEC 1238   McCudden v Cowra Shire Council [2016] NSWLEC 14 Pittwater Council v Bolitho [2007] NSWLEC 355 Category:Principal judgmentParties: Eric Findlay (Applicant) Ashfield Council (Respondent) Representation: Counsel: Mr A Isaacs (Applicant)   Solicitors: Jaku Legal (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):2016/00159429 (Formerly 2015/21203)JudgmentBackground This matter concerns an appeal under Section 180 of the Local Government Act 1993 against a Section 124 Order (see Attachment A) requiring the owner to cease keeping or housing a pony at the subject premises. The Order was served on Mr Eric Findlay who is an owner of the subject property located at 35 Moonbie Street, Summer Hill. It required...