Mesiti v Northern Beaches Council [2016] NSWLEC 1448

Mesiti v Northern Beaches Council [2016] NSWLEC 1448

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed orders.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 June 2016
Procedural Posture
Class 1 Building Certificate Proceedings / Orders Made After Conciliation Conference by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; respondent to issue a building certificate after compliance with agreed conditions; respondent's name changed from Warringah Council to Northern Beaches Council.
Legal Topics
['building Certificate' 'unauthorised Retaining Wall' 'structural Safety' 'pedestrian Safety' 'encroachment on Council Land' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment' 'local Government'] ['building Certificate' 'unauthorised Retaining Wall' 'structural Safety' 'pedestrian Safety' 'encroachment on Council Land' 'conciliation Conference' 'agreement Between the Parties']

Source-derived case record

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Procedural Posture

Class 1 Building Certificate Proceedings / Orders Made After Conciliation Conference by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 concerning issue of a building certificate for the retaining wall adjacent to 30 Pine Avenue, Narraweena."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed orders.

Court Disposition

Appeal upheld; respondent to issue a building certificate after compliance with agreed conditions; respondent's name changed from Warringah Council to Northern Beaches Council.

Orders

  • ['The appeal is upheld.' 'Following compliance with the conditions set out in Annexure "A" to the satisfaction of the respondent, the Respondent is to issue the Applicant with a building certificate for the retaining wall adjacent to 30 Pine Avenue, Narraweena by 31 January 2017.' 'The conditions set out in Annexure...