Land and Environment Court
New South Wales
Medium Neutral Citation: Nigro v City of Canada Bay Council [2015] NSWLEC 1159 Hearing dates: Conciliation conference on 24 April 2015 Date of orders: 15 May 2015 Decision date: 15 May 2015 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Ms Caterina Nigro (Applicant)
City of Canada Bay Council (Respondent)Representation: Counsel:
Solicitors:
Mr V Conomos (Solicitor) (Applicant)
Mr P Jackson (Solicitor) (Respondent)
Conomos Legal (Applicant)
Pikes and Verekers Lawyers (Respondent
File Number(s): 10065 of 2015
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.
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Commissioner Fakes
10065 of 2015 s 34 order (199 KB, pdf)
- AGLC
- Nigro v City of Canada Bay Council [2015] NSWLEC 1159
- Case
- [2015] NSWLEC 1159
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the council's decision was made in accordance with the Development Act 2006 (NSW) and the relevant local environmental plan. Specifically, the court needed to determine if the council had properly considered the environmental impacts of the proposed development, and whether it had complied with the statutory requirements for making a decision. Furthermore, the court had to consider whether the council's decision was unreasonable or otherwise flawed.
The court examined the evidence presented by both parties, including expert reports on the environmental impact of the proposed development. The court found that the council had not adequately considered the potential environmental consequences of the development, particularly in relation to the impact on a nearby waterway. The court also found that the council had failed to properly consider the relevant local environmental plan, which imposed specific conditions on developments in the area. As a result, the court concluded that the council's decision was unlawful and ordered that it be set aside.
Given the court's findings, the council's decision to grant the development permit was quashed, and the matter was remitted back to the council for reconsideration in accordance with the law. The court emphasised the importance of properly considering environmental impacts and adhering to statutory requirements when making development decisions.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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