Fantastic Holdings Limited v Willoughby City Council [2016] NSWLEC 1241

Fantastic Holdings Limited v Willoughby City Council [2016] NSWLEC 1241

The appeal is upheld in part and the terms of the agreement reached by the parties at the conciliation conference, as incorporated into modified orders pursuant to s 34(3) of the Court Act, disposed of the proceedings.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Appeal (class 1) / Conciliation Conference and Final Orders
Outcome
Appeal upheld in part; orders modified by consent in accordance with parties' agreement
Legal Topics
['section 121 B Order' 'bulky Goods Warehouse' 'prohibited Use' 'traffic/access Safety' 'bca Compliance' 'conciliation Agreement']
['planning and Environment Law'] ['section 121 B Order' 'bulky Goods Warehouse' 'prohibited Use' 'traffic/access Safety' 'bca Compliance' 'conciliation Agreement']

Case Brief

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Procedural Posture

Appeal (class 1) / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the Section 121B Orders should be modified in relation to a bulky goods warehouse, traffic/access, and BCA compliance']

Ratio Decidendi

The appeal is upheld in part and the terms of the agreement reached by the parties at the conciliation conference, as incorporated into modified orders pursuant to s 34(3) of the Court Act, disposed of the proceedings.

Court Disposition

Appeal upheld in part; orders modified by consent in accordance with parties' agreement

Orders

  • ['The appeal is upheld in part.' "Order No. 1 and 15 dated 13 November 2015 issued by the Respondent to 'Fantastic Holdings Limited' relating to No. 73 Reserve Road, Artarmon, is modified: 1) the addressee to read 'Fantastic Holdings Limited'; 2) paragraph 1 of the Schedule of Works/Action to require compliance 'by...