Shepherd v Shoalhaven City council [2019] NSWLEC 1351

Shepherd v Shoalhaven City council [2019] NSWLEC 1351

The appeal is upheld and the order for levee works is revoked as the parties have validly agreed to this course under s 34(3) of the Land and Environment Court Act 1979, and there is no jurisdictional impediment to doing so.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Council order revoked
Legal Topics
['flood Levee Works' 'local Government Orders' 'conciliation Conference' 'revocation of Orders']
['planning and Environment Law' 'administrative Law'] ['flood Levee Works' 'local Government Orders' 'conciliation Conference' 'revocation of Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the order for flood levee works issued by the Council should be revoked' "Whether the conciliated agreement between the parties is within the Court's power to make"]

Ratio Decidendi

The appeal is upheld and the order for levee works is revoked as the parties have validly agreed to this course under s 34(3) of the Land and Environment Court Act 1979, and there is no jurisdictional impediment to doing so.

Court Disposition

Appeal upheld; Council order revoked

Orders

  • ['The Appeal is upheld.' 'The Order No. 12 dated 19 September 2018 (reference ON2018/5981) given by the Respondent to the Applicant pursuant to s 124 & s 152 of the Local Government Act 1993 is revoked.']