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Police Snapshot COMPILED BY EMILY FESZCZUK
Oxley Park: Witnesses restrain drunk driver after he crashes into vehicles
A man has been charged after he was caught high range drink driving in Oxley Park over the long weekend. About 9.15pm on Friday, April 7, it is alleged that a 42-year-old man was driving along Sydney Street, Oxley Park when his vehicle collided into five stationary vehicles parked on the side of the road. The man allegedly attempted to leave the scene but was followed on foot by witnesses. He was restrained by the witnesses in the backyard of a residential property until police arrived. The man was placed under arrest and was subjected to a breath test which returned a positive reading for alcohol. He was taken to St Marys Police Station for a secondary test which returned a reading of 0.181 grams of alcohol in 100 millilitres of blood. The man’s licence was suspended, and he was issued a Court Attendance Notice to appear before Penrith Local Court on Wednesday, May 10.
Penrith: Man fined after invading field at Panthers home game
Three men have been charged after they were caught trespassing in Londonderry. About 9.20am on Sunday, April 9, police received an urgent call for assistance from three people whose vehicle become stranded in bushland located on Royal Australian Air Force (RAAF) owned property in Londonderry. This prompted a multi-agency response requiring resources including, PolAir, Ambulance, Rural Fire Service and Police. Emergency services located the three men – aged 27, 28, and 28 – and escorted them back to safety. They were all issued Court Attendance Notices for the offence of, ‘Enter enclosed land not prescribed premises without lawful excuse’. The men are due to appear at Penrith Local Court on Wednesday, May 10.
Kingswood: Police officer injured after chase’s dramatic conclusion
A man has been charged with a string of driving offences after a police pursuit ending in Kingswood. About 1.50am on Tuesday, April 11, police were patrolling the M4 Motorway near The Northern Road, Orchard Hills when they observed a vehicle allegedly travelling at a speed of 130km/h in a 110km/zone. Officers attempted to pull over the vehicle, but the driver allegedly suddenly increased their speed and exited the M4 Motorway. A police pursuit was initiated, and police followed the vehicle through numerous local roads before deploying road spikes to stop the vehicle. The male driver allegedly attempted to run away from the scene and was apprehended by police on foot. The man violently resisted police during the arrest, injuring two officers, causing one officer to be taken to hospital. He was subjected to a breath test at the scene which returned a positive result for alcohol before being taken to Penrith Police Station and subjected to a secondary breath test which he failed to complete. The 31-year-old man was charged with ‘Police pursuit – not stop – drive recklessly’, ‘Class a motor vehicle exceed speed', ‘Drive motor vehicle during disqualification period’, ‘Refuse or fail to submit breath analysis’, ‘Hinder or resist police officer in the execution of duty’ and ‘Drive recklessly/ furiously or speed/manner dangerous’.
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A man has been fined after invading the pitch at a football game in Penrith. About 7.10pm on Saturday, April 8, police were present at BlueBet Stadium, Penrith for an NRL game between Penrith Panthers and Manly Sea Eagles. It is alleged that a 22-year-old male spectator entered the playing field by jumping a fence. The man ran into the middle of the field which caused the game to stop. Security apprehended the man and escorted him off the field where he was met by officers. The male was issued with an infringement notice for the offence of, ‘Enter/remain on playing field without authority’ and may receive a lifetime ban from all NRL matches in the future.
Londonderry: Trio charged after trespassing on RAAF property
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the western weekender » Friday, April 14, 2023
with Daniel McKinnon Complete Legal & Conveyancing • 4704 9991 • Suite 11, 354 High Street Penrith
EXPLAINER: RESTRICTIONS AS TO USER AND COVENANTS – WHAT ARE THEY? In last week’s column we explained the concept of easements including drainage easements and rights of carriageways. Two other types of dealings that commonly affect property in New South Wales are known as “Covenants” and/or “Restrictions as to user”. If you have recently purchased a property you might have discussed with your lawyer that the property was subject to a covenant or a restriction as to user. These are very similar things and affect property in similar ways. A covenant is essentially a positive obligation on the person who owns the property that is affected by the covenant to do something or observe a particular obligation. A common type of covenant on property titles in the Penrith area is a fencing covenant that says that an owner of a property cannot require an adjoining covenant contribute to the costs of constructing a boundary fence. Usually covenants like this are out of date and were put on title decades ago when a developer was developing a vacate plot of land but did not want to have to contribute to the cost of boundary fencing for each lot that they sold. A restriction on the use of land or “restriction as to user” is essentially the same thing just by different name. A restriction as to user prevents the owner of a property from doing a particular thing. Examples include things like not constructing a fence in front of the street facing the side of a house (ie a picket fence) or prohibiting the construction of more than one dwelling on a block of land. The Penrith Local Government Area is a
good example of how things like covenants, restrictions as to user and easements are used in practice because there are lots of new developments that have included different rules and regulations imposed on land owners. For example in places like Jordan Springs, Waterside, and new parts of Glenmore Park like Glenmore Ridge and Mulgoa Rise there are restrictions on things like colours and types of fencing and design guidelines in place with respect to what kinds of houses can be constructed. As opposed to something like a fencing covenant which seeks to avoid a developer needing to go to the expense of contributing to boundary fences on individual lots in a subdivision, design guidelines and similar restrictions are used to achieve uniformity in the aesthetic of a neighbourhood. This is a fairly modern thing. If you drive through most new estates you will see that most, if not all, of the homes are similar in design, style and things like colour palette. These types of restrictions were less common years ago which is why lots of older suburbs have many different types and styles of homes and are not as “symmetrical”. Things like covenants, restrictions as to user and easements are built into the title of the property. They are not negotiable and you need to be aware of their presence before you buy a property. It is a legal requirement that any contracts for the sale of land in New South Wales include details of any covenants, restrictions as to user, easements, rights of carriageway or other such dealings.
SYDNEY WATER COMPLETES UPGRADE Sydney Water has announced it is close to completing a $42 million upgrade of its St Marys Wastewater Pumping Station. The St Marys wastewater system currently caters for approximately 161,500 people and is set to increase by approximately 20,000
individuals by the end of 2023 and 67,000 by 2036. The pumping capacity of the St Marys Wastewater Pumping Station is 900 litres per second and this has more than doubled with the site now able to pump 1,900 litres.