Michael Maleki v Ku-ring-gai Council [2016] NSWLEC 1648

Michael Maleki v Ku-ring-gai Council [2016] NSWLEC 1648

Because the parties reached an agreement under s 34(3) and the 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 by making orders reflecting the agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Class 1 Appeal Against an Order Under Section 121 B of the Act to Demolish Treated Timber Retaining Walls, Remove Filled Ground Placed Over the Rear Yard of the Subject Allotment and Restore the Pre Existing Ground Level / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement; the respondent's order was modified, otherwise confirmed, and no order as to costs was made.
Legal Topics
['development Application' 'appeal Against Order' 'conciliation Conference' 'agreed Orders' 'retaining Walls' 'stormwater Drainage']
['planning and Environment' 'development Control'] ['development Application' 'appeal Against Order' 'conciliation Conference' 'agreed Orders' 'retaining Walls' 'stormwater Drainage']

Case Brief

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Procedural Posture

Class 1 Appeal Against an Order Under Section 121 B of the Act to Demolish Treated Timber Retaining Walls, Remove Filled Ground Placed Over the Rear Yard of the Subject Allotment and Restore the Pre Existing Ground Level / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" "What orders should be made to give effect to the parties' agreed modification of the respondent's order"]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) and the 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 by making orders reflecting the agreement without a merit assessment of the issues originally in dispute.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement; the respondent's order was modified, otherwise confirmed, and no order as to costs was made.

Orders

  • ['The Order dated 2 February 2016 is modified by deleting paragraph A on page 1 and inserting requirements to carry out works, including landscaping shown on the landscape concept plan prepared by Anthea Dunlop Landscape Design dated 18/10/2016 revision B, including reducing existing ground levels to achieve...