Nerio v Central Coast Council

[2016] NSWLEC 1281

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nerio & Anor v Central Coast Council [2016] NSWLEC 1281
Hearing dates:	Conciliation conference on 30 May, 7 June 2016
Date of orders:	05 July 2016
Decision date:	05 July 2016
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	See (4) below
Catchwords:	APPEAL: s121B Order; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Eduardo Nerio (First Applicant) Eva Soliman (Second Applicant) Central Coast Council (Respondent)
Representation:	Counsel: Mr D Hume (Applicants) Solicitors: Mr P Jayne, Madison Marcus Law Firm (Applicants) Mr M Winram, Maddocks Lawyers (Respondent)
File Number(s):	2016/152404
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement are:

1. The Section 121B Orders (12 & 14) made under the Environmental Planning and Assessment Act 1979, issued by the Respondent on 13 January 2016 are upheld.

2. The Applicant is to undertake the following works:

(i) Remove all the tubular aluminium fence and associated debris from the Terrigal Lagoon Reserve; and

(ii) Restore the Terrigal Lagoon Reserve to the condition in which it was before the tubular aluminium fence was erected.

(The Works)

3. The Works are to be completed by 16 August 2016.

4. Each party to bear its own costs.

…………….

Linda Pearson

Commissioner