Page 2883 - Week 09 - Thursday, 27 September 2007

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a) Visible from the street;

b) Visible from other areas of the public domain – walkways, reserves, parks etc; or

c) Visible (easily) from adjacent blocks at ground floor level or from natural ground level at least 1.5m from a side boundary and at least 3.0m from a rear boundary of the block

Coverage

30% or more of the visible area of the lease that is not occupied by approved structures is occupied by one or more of the items or class of items listed below.

Items to be included in coverage: -

a. machinery;

b. machinery parts;

c. derelict vehicles;

d. vehicle parts;

e. discarded bottles, containers or packaging;

f. builders soil;

g. builder’s spoil, including leftover materials from renovations;

h. refuse;

i. scrap material;

j. items associated with residential activities but in quantities greater than usually associated with residential activities;

k. items not normally associated with residential activity being stored on the land; and

l. excessive vegetation only when in conjunction with one or more of the above. Note where there is only excessive vegetation and that vegetation constitutes a potential or actual fire hazard then the matter will be dealt with by the Fire Brigade.

(5) The lawful reason for entering the premises was that the lessee did not comply with the consent decision of 21 October 2002.

The version of the Land (Planning and Environment) Act 1991 (the Land Act) in force in December 2002 empowered authorised persons to enter the premises to complete the work required under the consent decision of 21 October 2002 that was not complied with by the agreed date of 25 November 2002.

Section 259 of the Land Act stated that:

(1) Whether or not proceedings are instituted for an offence against this part, the Minister may –

direct that a person authorised by the Minister enter a place on which a controlled activity is being conducted and carry out work or conduct an activity to which an order relates which was not carried out within the period specified in the order;

The contractors were instructed to carry out the work that the lessees had agreed to undertake in the consent order of 21 October 2002. Specifically to remove the accumulation of items and debris from the land which included:

broken pieces of wood, large pieces of weathered timber, broken and damaged bricks, rusted and old pieces of metal and tin, old rusted and damaged tins, old

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