Active Kids Pre School Centre of Excellence Pty Ltd v North Sydney Council [2018] NSWLEC 1469

Active Kids Pre School Centre of Excellence Pty Ltd v North Sydney Council [2018] NSWLEC 1469

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement, with the appeal upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Class 1 Appeal Against Actual Refusal of Da221/2016 / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA221/2016 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'child Care Centre' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Da221/2016 / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement, with the appeal upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA221/2016 approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the applicant to rely upon the amended plans, Plan of Management and reports as set out in Annexure "A".' 'The Appeal is upheld.' 'Development Application No. DA221/2016 for alterations and additions to the existing child care centre on 37 Murdoch Street and the conversion of an existing...