Holroyd City Council v Khoury

Land and Environment Court

New South Wales

Medium Neutral Citation:

Holroyd City Council v Khoury [2016] NSWLEC 18

Hearing dates:

10 March 2016

Date of orders:

10 March 2016

Decision date:

10 March 2016

Jurisdiction:

Class 1

Before:

Pain J

Decision:

(1) Pursuant to s 121ZS of the Environmental Planning and Assessment Act 1979 Sydney Water and Endeavour Energy must cease to provide water and electricity services to 36 Francis Street, Wentworthville for a period of three months from 14 days from the date of this order.

 

(2) Service of this order on Sydney Water and Endeavour Energy shall be effected by sending a copy of this order by email and registered post.

 

(3) The Respondent must pay the Applicants costs as agreed or assessed.

 (4) Exhibits may be returned.

Catchwords:

ORDER – utility order made under s 121ZS of the Environmental Planning and Assessment Act 1979

Legislation Cited:

Environmental Planning and Assessment Act 1979 ss 121B, 121ZS
Environmental Planning and Assessment Regulation 2000, cl 285
Holroyd Local Environmental Plan 2013, Dictionary
Land and Environment Court Act 1979, s 17(d)
Land and Environment Court Rules 2007, r 3.7
Uniform Civil Procedure Rules 2005, r 10.14

Cases Cited:

Holroyd City Council v Khoury [2015] NSWLEC 17
Khoury v Holroyd City Council [2013] NSWLEC 1236

Category:

Principal judgment

Parties:

Holroyd City Council (Applicant)
Robert Khoury (Respondent)

Representation:

COUNSEL:
M Fozzard (Applicant)
N/A (Respondent)

  SOLICITORS:
Bilias and Associates (Applicant)
N/A (Respondent)

File Number(s):

11249 of 2015

EX Tempore Judgment

1. The Applicant (“Council”) brings an application for a utility order pursuant to s 121ZS of the Environmental Planning and Assessment Act 1979 (NSW) (“the EPA Act”) in relation to premises at 36 Francis Street Wentworthville (“premises”). Mr Robert Khoury is the owner of the premises. Mr Khoury did not appear at the hearing today which was adjourned from 23 February 2016. Mr Khoury also did not appear at the earlier part hearing on 23 February 2016. Mr Khoury was called outside the Court on both occasions. Mr Khoury received notice of the adjourned hearing today as attested to in the affidavit of Mr Mercouris dated 9 March 2016 (Ex J).

2. The Council seeks the following orders:

1. Pursuant to s 121ZS of the Environmental Planning and Assessment Act 1979 a provider of water or electricity to the subject premises must cease to provide those services for a period of three months from the date of this order;

2.   Service of this order on the provider of utility services shall be effected by sending a copy of this order by email and registered post;

3.   Costs;

4.   Other order as the Court sees fit;

3. The Council relies upon the following evidence:

1. affidavit of Bradley Ferguson, Holroyd City Council Development Compliance Officer, sworn 22 December 2015 and Exhibit HC-1 at pars 8, 13, 17, 19, 20-27, 28, 32, 34 and 36 and tabs 2 and 7, attesting that the Respondent is the registered proprietor of the premises. The affidavit was also relied on for…