The Commissioner re-exercised Council's functions under s 124 of the Local Government Act 1993 (NSW) and upheld an Order 18 restricting poultry to ten (excluding roosters) on a residential premises, finding the number and manner of keeping approximately 100 poultry was inappropriate and constituted a nuisance to neighbours through noise, roaming, and excrement. The Court held that compliance with Division 2, Part 2 of Chapter 7 of the LG Act (notice of intention, opportunity for representations, and consideration of representations) satisfied procedural fairness requirements under s 130, even where the same Council officer who issued the NOI also considered representations, and even where the consideration document was unsigned and undated. The Court modified the Order under s 180(4)(b) to extend the compliance period to 12 months and removed odour-related aspects for insufficient evidence, but otherwise maintained Council's terms.
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