Nerio & Anor v Central Coast Council [2016] NSWLEC 1281

Nerio & Anor v Central Coast Council [2016] NSWLEC 1281

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreed orders without undertaking a merits assessment.

Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Class 1 Appeal Against S121 B Orders / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The Section 121B Orders (12 & 14) issued by the Respondent on 13 January 2016 were upheld; the Applicant was ordered to undertake removal and restoration works by 16 August 2016; each party was to bear its own costs.
Legal Topics
['s121 B Orders' 'conciliation Conference' 'agreement Between the Parties' 'removal of Fence and Restoration Works' 'costs']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['s121 B Orders' 'conciliation Conference' 'agreement Between the Parties' 'removal of Fence and Restoration Works' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Against S121 B Orders / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Section 121B Orders issued by the Respondent on 13 January 2016 should be upheld by consent.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreed orders without undertaking a merits assessment.

Court Disposition

The Section 121B Orders (12 & 14) issued by the Respondent on 13 January 2016 were upheld; the Applicant was ordered to undertake removal and restoration works by 16 August 2016; each party was to bear its own costs.

Orders

  • ['The Section 121B Orders (12 & 14) made under the Environmental Planning and Assessment Act 1979, issued by the Respondent on 13 January 2016 are upheld.' 'The Applicant is to undertake the following works: (i) Remove all the tubular aluminium fence and associated debris from the Terrigal Lagoon Reserve; and (ii)...