Latest news with #PortStephensCouncil
West Australian
19 hours ago
- General
- West Australian
NSW Land and Environment Court rules on Battiato v Clifton tree dispute
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region. Corlette lies next to famous Nelson Bay, a popular tourist destination in the region.
The Advertiser
26-05-2025
- Politics
- The Advertiser
'Australian way': Lake Macquarie assists fellow councils in flood disaster
LAKE Macquarie City Council will donate $200,000 to assist other local government areas in their recovery from last week's flooding disaster. Lake Macquarie Labor mayor Adam Shultz brought forward the motion during his mayoral minute at Monday night's council meeting at the Morisset Showground. Parts of Port Stephens, Maitland and the Mid North Coast - particularly around Taree where the Manning River reached its highest level on record - have been left devastated by floodwaters. The pledge for assistance followed Cr Shultz's earlier meetings with Port Stephens Council mayor Leah Anderson and Mid-North Council counterpart Claire Pontin. "I ask that council again extend its hand of assistance, which we've done in the past, to LGAs in NSW affected by the natural disaster declaration arising from the current and recent rain event, and that we prioritise those most in need to the extent that is considered reasonable by the CEO," Cr Shultz said. It was a motion that received unanimous support from fellow councillors. "This is the Australian way," Independent West Ward councillor Anthony Swinsburg said. "This is helping your mates and we should be glad it's not us needing that support." Labor North Ward councillor Brian Adamthwaite said Lake Macquarie had previously assisted Dungog Shire Council in their 2015 flood disaster that killed three people. "I'm sure if the same circumstances affected us, there would be a reciprocal thing, but it's always nice to be in a position to be the person who can go and help other people and that's something that Lake Macquarie has done traditionally," Cr Adamthwaite said. Councillors also endorsed Cr Shultz's mayoral minute to bring together state government, the City of Newcastle, police and other stakeholders for a roundtable discussion into ways to improve safety on the Fernleigh Track following a spate of dangerous and illegal behaviour. It followed a public forum presentation to councillors by Belmont mother and cyclist-runner Stacey Wilde, who is a co-founder of the community group Taking Back Our Paths. Ms Wilde presented councillors with a petition with more than 5000 signatures. A Facebook poll conducted by Ms Wilde regarding safety on the Fernleigh Track found that more than 50 per cent of responders want CCTV cameras installed at entry and exit points on the 27-kilometre pathway that runs from Adamstown to Murray's Beach. Ms Wilde also said she hoped Lake Macquarie and Newcastle councils could work together to improve lighting, add signage with emergency contact numbers and advocate for more police patrols. Cr Shultz said he spoke to Newcastle lord mayor Ross Kerridge on Monday about working together on improving safety on the Fernleigh Track and that NSW police minister Yasmin Catley and minister for women Jodie Harrison had committed to a roundtable discussion on the issue. Liberal West Ward councillor Jason Pauling said improving the Fernleigh Track needed immediate attention, as "personal safety is a fundamental right in a civilised society and it's disappointing that we have to talk about this subject matter." Council CEO Morven Cameron said improved lighting on the Fernleigh Track was yet to be budgeted. Councillors also adopted council's amended Delivery Program 2025-2029 and Operational Plan 2025-2026. The operational plan outlines 135 actions with a budget of $389.7 million, including 14 capital works programs worth $105.9 million. The Lake Macquarie Mines Grouting Fund was also established following a period on public exhibition. The federal government made a budget commitment of $10 million in 2022 to create the fund to mitigate mine subsidence in Lake Macquarie, particularly in identified development growth areas of Belmont, Charlestown, Glendale and Morisset. In those four suburbs, funding will be capped at $550 per square metre and the rest of Lake Macquarie is $200 per square metre. "One of the key things this will do is bring confidence to the development sector in terms of the unknowns," Cr Pauling said. LAKE Macquarie City Council will donate $200,000 to assist other local government areas in their recovery from last week's flooding disaster. Lake Macquarie Labor mayor Adam Shultz brought forward the motion during his mayoral minute at Monday night's council meeting at the Morisset Showground. Parts of Port Stephens, Maitland and the Mid North Coast - particularly around Taree where the Manning River reached its highest level on record - have been left devastated by floodwaters. The pledge for assistance followed Cr Shultz's earlier meetings with Port Stephens Council mayor Leah Anderson and Mid-North Council counterpart Claire Pontin. "I ask that council again extend its hand of assistance, which we've done in the past, to LGAs in NSW affected by the natural disaster declaration arising from the current and recent rain event, and that we prioritise those most in need to the extent that is considered reasonable by the CEO," Cr Shultz said. It was a motion that received unanimous support from fellow councillors. "This is the Australian way," Independent West Ward councillor Anthony Swinsburg said. "This is helping your mates and we should be glad it's not us needing that support." Labor North Ward councillor Brian Adamthwaite said Lake Macquarie had previously assisted Dungog Shire Council in their 2015 flood disaster that killed three people. "I'm sure if the same circumstances affected us, there would be a reciprocal thing, but it's always nice to be in a position to be the person who can go and help other people and that's something that Lake Macquarie has done traditionally," Cr Adamthwaite said. Councillors also endorsed Cr Shultz's mayoral minute to bring together state government, the City of Newcastle, police and other stakeholders for a roundtable discussion into ways to improve safety on the Fernleigh Track following a spate of dangerous and illegal behaviour. It followed a public forum presentation to councillors by Belmont mother and cyclist-runner Stacey Wilde, who is a co-founder of the community group Taking Back Our Paths. Ms Wilde presented councillors with a petition with more than 5000 signatures. A Facebook poll conducted by Ms Wilde regarding safety on the Fernleigh Track found that more than 50 per cent of responders want CCTV cameras installed at entry and exit points on the 27-kilometre pathway that runs from Adamstown to Murray's Beach. Ms Wilde also said she hoped Lake Macquarie and Newcastle councils could work together to improve lighting, add signage with emergency contact numbers and advocate for more police patrols. Cr Shultz said he spoke to Newcastle lord mayor Ross Kerridge on Monday about working together on improving safety on the Fernleigh Track and that NSW police minister Yasmin Catley and minister for women Jodie Harrison had committed to a roundtable discussion on the issue. Liberal West Ward councillor Jason Pauling said improving the Fernleigh Track needed immediate attention, as "personal safety is a fundamental right in a civilised society and it's disappointing that we have to talk about this subject matter." Council CEO Morven Cameron said improved lighting on the Fernleigh Track was yet to be budgeted. Councillors also adopted council's amended Delivery Program 2025-2029 and Operational Plan 2025-2026. The operational plan outlines 135 actions with a budget of $389.7 million, including 14 capital works programs worth $105.9 million. The Lake Macquarie Mines Grouting Fund was also established following a period on public exhibition. The federal government made a budget commitment of $10 million in 2022 to create the fund to mitigate mine subsidence in Lake Macquarie, particularly in identified development growth areas of Belmont, Charlestown, Glendale and Morisset. In those four suburbs, funding will be capped at $550 per square metre and the rest of Lake Macquarie is $200 per square metre. "One of the key things this will do is bring confidence to the development sector in terms of the unknowns," Cr Pauling said. LAKE Macquarie City Council will donate $200,000 to assist other local government areas in their recovery from last week's flooding disaster. Lake Macquarie Labor mayor Adam Shultz brought forward the motion during his mayoral minute at Monday night's council meeting at the Morisset Showground. Parts of Port Stephens, Maitland and the Mid North Coast - particularly around Taree where the Manning River reached its highest level on record - have been left devastated by floodwaters. The pledge for assistance followed Cr Shultz's earlier meetings with Port Stephens Council mayor Leah Anderson and Mid-North Council counterpart Claire Pontin. "I ask that council again extend its hand of assistance, which we've done in the past, to LGAs in NSW affected by the natural disaster declaration arising from the current and recent rain event, and that we prioritise those most in need to the extent that is considered reasonable by the CEO," Cr Shultz said. It was a motion that received unanimous support from fellow councillors. "This is the Australian way," Independent West Ward councillor Anthony Swinsburg said. "This is helping your mates and we should be glad it's not us needing that support." Labor North Ward councillor Brian Adamthwaite said Lake Macquarie had previously assisted Dungog Shire Council in their 2015 flood disaster that killed three people. "I'm sure if the same circumstances affected us, there would be a reciprocal thing, but it's always nice to be in a position to be the person who can go and help other people and that's something that Lake Macquarie has done traditionally," Cr Adamthwaite said. Councillors also endorsed Cr Shultz's mayoral minute to bring together state government, the City of Newcastle, police and other stakeholders for a roundtable discussion into ways to improve safety on the Fernleigh Track following a spate of dangerous and illegal behaviour. It followed a public forum presentation to councillors by Belmont mother and cyclist-runner Stacey Wilde, who is a co-founder of the community group Taking Back Our Paths. Ms Wilde presented councillors with a petition with more than 5000 signatures. A Facebook poll conducted by Ms Wilde regarding safety on the Fernleigh Track found that more than 50 per cent of responders want CCTV cameras installed at entry and exit points on the 27-kilometre pathway that runs from Adamstown to Murray's Beach. Ms Wilde also said she hoped Lake Macquarie and Newcastle councils could work together to improve lighting, add signage with emergency contact numbers and advocate for more police patrols. Cr Shultz said he spoke to Newcastle lord mayor Ross Kerridge on Monday about working together on improving safety on the Fernleigh Track and that NSW police minister Yasmin Catley and minister for women Jodie Harrison had committed to a roundtable discussion on the issue. Liberal West Ward councillor Jason Pauling said improving the Fernleigh Track needed immediate attention, as "personal safety is a fundamental right in a civilised society and it's disappointing that we have to talk about this subject matter." Council CEO Morven Cameron said improved lighting on the Fernleigh Track was yet to be budgeted. Councillors also adopted council's amended Delivery Program 2025-2029 and Operational Plan 2025-2026. The operational plan outlines 135 actions with a budget of $389.7 million, including 14 capital works programs worth $105.9 million. The Lake Macquarie Mines Grouting Fund was also established following a period on public exhibition. The federal government made a budget commitment of $10 million in 2022 to create the fund to mitigate mine subsidence in Lake Macquarie, particularly in identified development growth areas of Belmont, Charlestown, Glendale and Morisset. In those four suburbs, funding will be capped at $550 per square metre and the rest of Lake Macquarie is $200 per square metre. "One of the key things this will do is bring confidence to the development sector in terms of the unknowns," Cr Pauling said. LAKE Macquarie City Council will donate $200,000 to assist other local government areas in their recovery from last week's flooding disaster. Lake Macquarie Labor mayor Adam Shultz brought forward the motion during his mayoral minute at Monday night's council meeting at the Morisset Showground. Parts of Port Stephens, Maitland and the Mid North Coast - particularly around Taree where the Manning River reached its highest level on record - have been left devastated by floodwaters. The pledge for assistance followed Cr Shultz's earlier meetings with Port Stephens Council mayor Leah Anderson and Mid-North Council counterpart Claire Pontin. "I ask that council again extend its hand of assistance, which we've done in the past, to LGAs in NSW affected by the natural disaster declaration arising from the current and recent rain event, and that we prioritise those most in need to the extent that is considered reasonable by the CEO," Cr Shultz said. It was a motion that received unanimous support from fellow councillors. "This is the Australian way," Independent West Ward councillor Anthony Swinsburg said. "This is helping your mates and we should be glad it's not us needing that support." Labor North Ward councillor Brian Adamthwaite said Lake Macquarie had previously assisted Dungog Shire Council in their 2015 flood disaster that killed three people. "I'm sure if the same circumstances affected us, there would be a reciprocal thing, but it's always nice to be in a position to be the person who can go and help other people and that's something that Lake Macquarie has done traditionally," Cr Adamthwaite said. Councillors also endorsed Cr Shultz's mayoral minute to bring together state government, the City of Newcastle, police and other stakeholders for a roundtable discussion into ways to improve safety on the Fernleigh Track following a spate of dangerous and illegal behaviour. It followed a public forum presentation to councillors by Belmont mother and cyclist-runner Stacey Wilde, who is a co-founder of the community group Taking Back Our Paths. Ms Wilde presented councillors with a petition with more than 5000 signatures. A Facebook poll conducted by Ms Wilde regarding safety on the Fernleigh Track found that more than 50 per cent of responders want CCTV cameras installed at entry and exit points on the 27-kilometre pathway that runs from Adamstown to Murray's Beach. Ms Wilde also said she hoped Lake Macquarie and Newcastle councils could work together to improve lighting, add signage with emergency contact numbers and advocate for more police patrols. Cr Shultz said he spoke to Newcastle lord mayor Ross Kerridge on Monday about working together on improving safety on the Fernleigh Track and that NSW police minister Yasmin Catley and minister for women Jodie Harrison had committed to a roundtable discussion on the issue. Liberal West Ward councillor Jason Pauling said improving the Fernleigh Track needed immediate attention, as "personal safety is a fundamental right in a civilised society and it's disappointing that we have to talk about this subject matter." Council CEO Morven Cameron said improved lighting on the Fernleigh Track was yet to be budgeted. Councillors also adopted council's amended Delivery Program 2025-2029 and Operational Plan 2025-2026. The operational plan outlines 135 actions with a budget of $389.7 million, including 14 capital works programs worth $105.9 million. The Lake Macquarie Mines Grouting Fund was also established following a period on public exhibition. The federal government made a budget commitment of $10 million in 2022 to create the fund to mitigate mine subsidence in Lake Macquarie, particularly in identified development growth areas of Belmont, Charlestown, Glendale and Morisset. In those four suburbs, funding will be capped at $550 per square metre and the rest of Lake Macquarie is $200 per square metre. "One of the key things this will do is bring confidence to the development sector in terms of the unknowns," Cr Pauling said.
