Jacqueline Fritsch v Maitland City Council [2017] NSWLEC 1259

Jacqueline Fritsch v Maitland City Council [2017] NSWLEC 1259

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with the agreement without a merits assessment.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Class 1 Proceedings Involving a Development Application, an Appeal Against Orders Pursuant to S.121 B (1) (orders 2 & 12) of the Environmental Planning and Assessment Act, and Deemed Refusal of a Building Certificate / Conciliation Conference; Final Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'building Certificate' 'appeal Against Orders' 'section 34 Conciliation Agreement' 'fencing' 'fill and Earthworks' 'demolition Works']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'building Certificate' 'appeal Against Orders' 'section 34 Conciliation Agreement' 'fencing' 'fill and Earthworks' 'demolition Works']

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Procedural Posture

Class 1 Proceedings Involving a Development Application, an Appeal Against Orders Pursuant to S.121 B (1) (orders 2 & 12) of the Environmental Planning and Assessment Act, and Deemed Refusal of a Building Certificate / Conciliation Conference; Final Orders Made by 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" 'Appeal against orders pursuant to s.121B (1) (Orders 2 & 12) of the Environmental Planning and Assessment Act' 'Deemed refusal of building certificate']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with the agreement without a merits assessment.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Within 3 months from the date of the orders, the applicant shall carry out specified fencing works, including modifying, reducing, rendering and capping the concrete blockwork at the site entrance and placing topsoil in accordance with an approval under s.138 of the Roads Act.' 'The existing cyclone fence shall be...