Garnsey v The Hills Shire Council [2018] NSWLEC 1452

Garnsey v The Hills Shire Council [2018] NSWLEC 1452

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision, and the Commissioner was satisfied the decision was one the Court could have made in the proper exercise of its functions; therefore the Court made orders giving effect to the agreement without undertaking a merit assessment.

Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Class 2 Appeal Against a Swimming Pool Direction / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Swimming Pool Direction modified; no order as to costs.
Legal Topics
['swimming Pool Direction' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']
['land and Environment' 'swimming Pools'] ['swimming Pool Direction' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']

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Procedural Posture

Class 2 Appeal Against a Swimming Pool Direction / Final Orders Following Conciliation Conference and 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." 'What modifications should be made to the Swimming Pool Direction issued by The Hills Shire Council.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision, and the Commissioner was satisfied the decision was one the Court could have made in the proper exercise of its functions; therefore the Court made orders giving effect to the agreement without undertaking a merit assessment.

Court Disposition

Appeal upheld; Swimming Pool Direction modified; no order as to costs.

Orders

  • ['The Appeal is upheld.' 'The Pool Direction dated 1 March 2018 issued pursuant to s 23 of the Swimming Pools Act 1992 (NSW) is modified.' 'The words "The barbeque located within the pool area is to be removed or alternatively reconfigure the location of the pool fencing so that the BBQ area no longer forms part of...