McKavanagh v Goulburn Mulwaree Council [2019] NSWLEC 1431

McKavanagh v Goulburn Mulwaree Council [2019] NSWLEC 1431

Having attended the site and reviewed the relevant statutory provisions, the Commissioner was satisfied that the parties' agreed decision to uphold the appeal and modify the Emergency Order was a decision the Court could have made in the proper exercise of its functions; consequently, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Class 1 Appeal Against a Development Control Order Under S 8.18 of the Environmental Planning and Assessment Act 1979 / Decision Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Respondent's Emergency Order dated 20 December 2018 modified; each party to pay their own costs.
Legal Topics
['development Control Order' 'emergency Order' 'retaining Wall Rectification' 'conciliation Conference' 'agreed Orders']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Control Order' 'emergency Order' 'retaining Wall Rectification' 'conciliation Conference' 'agreed Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against a Development Control Order Under S 8.18 of the Environmental Planning and Assessment Act 1979 / Decision Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and modify the development control order was a decision the Court could make in the proper exercise of its functions." "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."]

Ratio Decidendi

Having attended the site and reviewed the relevant statutory provisions, the Commissioner was satisfied that the parties' agreed decision to uphold the appeal and modify the Emergency Order was a decision the Court could have made in the proper exercise of its functions; consequently, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Respondent's Emergency Order dated 20 December 2018 modified; each party to pay their own costs.

Orders

  • ['The Appeal is upheld.' 'The Respondent\'s Emergency Order dated 20 December 2018 is modified in accordance with s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 in the terms set out in the order annexed and marked "A".' 'Each party to pay their own costs of the proceedings.']