NSW Property Law - Parking Unregistered Vehicles on Private Property?

[Alleichar]

What is the property law in NSW Australia regarding how many unregistered vehicles I can park on my private property, which is a freehold?

As I've had a notice issued from the local council, a section 91 protection of the environment. 2 of these cars are parked under a carport. I have 4 in total. The other 2 are parked a metre or 2 from the front of my house, well in my property boundaries.

 

[Rob Legat - SBPL]

It generally differs from council to council, and by land zoning. What you can get away with in a rural setting is different to what's expected in the suburbs.

 

[Alleichar]

It generally differs from council to council, and by land zoning. What you can get away with in a rural setting is different to what's expected in the suburbs.

I'm not sure as we have the same post code as in town but we don't even have our own mail boxes. We have to collect our mail at the local post office. But I've just started going through a property settlement at the moment and my neighbour has 4 unregistered vehicles plus forklifts and they haven't received any notices.

Due to my notice stating they've had complaints I'm thinking it's my ex causing issues. I can't comply and get rid of said property as their involved in the settlement.

 

[Rod]

Can you move your vehicles to the neighbours property?

 

[Tim W]

A Section 91 Notice typically requires a landholder to "clean up"
something that is either polluting, or that would/could/might pollute, if not dealt with.

I agree with @Rob Legat - SBPL in that the application of the rules,
and, separately, the vigour of enforcement, can vary between city and country,
and between "in-town" and "out on a block".

In the case of car wrecks/ bodies, it might be that..

• they pose a pollution hazard such as from leaking fuel or other fluids;
  or from degrading materials, or;
• they a fire hazard or;
• they provide a habitat for vermin and pests; or
• they just give the appearance of being unmanaged 'rubbish'.

Let's be clear on a couple of things.

• Where pollution is concerned, your home is not your castle
  in the way you might think.
  The notion of somehow-inviolable "private property",
  where law does not apply, and you can do whatever you want,
  does not exist.
  
  
• If you've had a notice, then chances are, it's a chance to clean up,
  before they take enforcement action against you.
  In short and in general, if you don't clean it up yourself,
  then council can do it, and send you a bill for doing it.
  And that's separate to any law enforcement action available to the Council and/or EPA.
  
  

 

[Alleichar]

A Section 91 Notice typically requires a landholder to "clean up"
something that is either polluting, or that would/could/might pollute, if not dealt with.

I agree with @Rob Legat - SBPL in that the application of the rules,
and, separately, the vigour of enforcement, can vary between city and country,
and between "in-town" and "out on a block".

In the case of car wrecks/ bodies, it might be that..

• they pose a pollution hazard such as from leaking fuel or other fluids;
  or from degrading materials, or;
• they a fire hazard or;
• they provide a habitat for vermin and pests; or
• they just give the appearance of being unmanaged 'rubbish'.

Let's be clear on a couple of things.

• Where pollution is concerned, your home is not your castle
  in the way you might think.
  The notion of somehow-inviolable "private property",
  where law does not apply, and you can do whatever you want,
  does not exist.
  
  
• If you've had a notice, then chances are, it's a chance to clean up,
  before they take enforcement action against you.
  In short and in general, if you don't clean it up yourself,
  then council can do it, and send you a bill for doing it.
  And that's separate to any law enforcement action available to the Council and/or EPA.
  

So do you mean it surpasses property settlement/ family law too? As some of the property is listed in financial statements & affidavits and so I could get into trouble if I get rid of the items before the settlement is done.

 

[Rob Legat - SBPL]

Without reading the notice, I'd guess it comes down to: You don't have to get rid of them, you just can't store them where they are.

 

[Tim W]

So do you mean it surpasses property settlement/ family law too? As some of the property is listed in financial statements & affidavits and so I could get into trouble if I get rid of the items before the settlement is done.

No, but, subect to a great many ifs, buts, and exceptions that could useful as a reply to the notice.

 

[Alleichar]

No, but, subect to a great many ifs, buts, and exceptions that could useful as a reply to the notice.

Well we're listed as RU5 -Village zoning. Our next door neighbour has 4 unregistered cars 2 at different stages of rebuilds. 3 forklifts, car trailer as well as 2 extra registered vehicles all in their front yard. I feel it is the ex ringing up putting in complaints as all our council rates get sent out in both our names but the section 91 notification is only addressed to me.

 

[Tim W]

I am unable to comment on your own in-your-own-head opinion.
Nor indeed on the caprice with which council officials sometimes exercise their powers.