R Bourke v Hawkesbury Shire Council

[1989] NSWLEC 158

Land and Environment Court

of New South Wales

CITATION:

R Bourke v Hawkesbury Shire Council [1989] NSWLEC 158

PARTIES:

APPLICANT
R Bourke

RESPONDENT
Hawkesbury Shire Council

FILE NUMBER(S):

20050 of 1988

CORAM:

Hemmings J

KEY ISSUES:

:-

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

DATE OF JUDGMENT:

02/16/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this matter I have postponed making final orders in the application for declarations and injunctions with respect to unauthorised buildings and the unauthorised use of the subject premises. I previously adjourned the matter to enable the respondent to make appropriate building or development applications if he was proposing to alter or retain existing buildings, or erect new buildings. That application has not yet been made.

I am informed by the applicant that he has engaged an architect and that, subject to the question of finance, he proposes to prepare such plans and lodge them with the Council. I am satisfied that he has vacated the premises and he has no intention to return into occupation of those premises. He asks for further time and for me to postpone making the said orders.

He appears in person and I believe he fully understands the significance and gravity of making or giving undertakings to this Court in order to get the adjournment that he seeks. I am therefore prepared to accept those undertakings and will adjourn the matter for a period of six months.

The undertaking that he gives to the Court is that he will forthwith remove the campervan which presently is situated on the site, and secondly that he, or members of his family or any other person will not occupy for residential purposes any of the buildings described in the application in Class 4 in these proceedings pending further order of the Court. I accept those undertakings and on that basis I adjourn the further hearing of this matter to 10.00am on 15th August, 1989.

(Applicant seeks to have Class 4 application struck out or dismissed.)

I will deal with the whole of that Class 4 application on 15th August, 1989.