Stephen William Peam v Northern Beaches Council [2016] NSWLEC 1557

Stephen William Peam v Northern Beaches Council [2016] NSWLEC 1557

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to them, and the presiding Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 November 2016
Procedural Posture
Class 1 Appeal Against Section 121 B Orders / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and the Respondent's order dated 10 May 2016 modified by consent orders.
Legal Topics
['appeal Against Section 121 B Orders' 'conciliation Conference' 'modification of Order' 'revetment, Earthworks and Landscaping']
['planning and Environment' 'local Government'] ['appeal Against Section 121 B Orders' 'conciliation Conference' 'modification of Order' 'revetment, Earthworks and Landscaping']

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Procedural Posture

Class 1 Appeal Against Section 121 B Orders / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the order issued by the Respondent to the Applicants dated 10 May 2016 should be modified.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to them, and the presiding Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld and the Respondent's order dated 10 May 2016 modified by consent orders.

Orders

  • ['The appeal is upheld.' 'An order that pursuant to section 121ZK(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW), the Order issued by the Respondent to the Applicants dated 10 May 2016 is modified as set out in these orders.' 'These Orders are made pursuant to s121B (Order Number 4(b)) of the...