Bonamici v Georges River Council [2019] NSWLEC 1026

Bonamici v Georges River Council [2019] NSWLEC 1026

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 modification of the Council's order was a decision the Court could make in the proper exercise of its functions, the Court disposed of the proceedings by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
23 January 2019
Procedural Posture
Class 1 Appeal Under S 8.18(1) of the Environmental Planning and Assessment Act 1979 Against the Issuing of an Order Requiring Removal of Paving and Reinstatement of Landscaping / Orders Made Following a Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement; modified orders made requiring removal of specified paving, provision of landscaped open space, and maintenance or reinstatement of drainage infrastructure.
Legal Topics
['conciliation Conference' 'modification of Order' 'unauthorised Paving' 'landscaped Open Space' 'drainage Works' 'development Consent Compliance']
['planning and Environment' 'development Control' 'land and Environment Court Procedure'] ['conciliation Conference' 'modification of Order' 'unauthorised Paving' 'landscaped Open Space' 'drainage Works' 'development Consent Compliance']

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Procedural Posture

Class 1 Appeal Under S 8.18(1) of the Environmental Planning and Assessment Act 1979 Against the Issuing of an Order Requiring Removal of Paving and Reinstatement of Landscaping / Orders Made Following a Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Council's order requiring removal of unauthorised paving and reinstatement of landscaping should be modified in accordance with the parties' agreement reached at conciliation." 'Whether the agreed modification of the order was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

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 modification of the Council's order was a decision the Court could make in the proper exercise of its functions, the Court disposed of the proceedings by making orders giving effect to that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement; modified orders made requiring removal of specified paving, provision of landscaped open space, and maintenance or reinstatement of drainage infrastructure.

Orders

  • ['The Applicants are to remove paving from and provide landscaped open space within the area of Lot A in Deposited Plan 319833, known as 44 Mulga Road Oatley (the Premises) shown on Annexure A (being a marked copy of approved Drawing DA-02, Revision A, dated 12 March 2012) as enclosed by highlighted pink lines,...