Childcare Developments Group Pty Ltd trading as Childcare Developments Group v The Hills Shire Council [2024] NSWLEC 1813

Childcare Developments Group Pty Ltd trading as Childcare Developments Group v The Hills Shire Council [2024] NSWLEC 1813

The power under ss 8.18(4)(b) and 8.18(4)(f) of the Environmental Planning and Assessment Act 1979 enables the Court to make orders modifying the development control order as agreed by the parties, and such a decision is within the Court's power.

Parties
Applicant: Childcare Developments Group Pty Ltd trading as Childcare Developments Group; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
17 December 2024
Procedural Posture
Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld in part; development control order modified by agreement between the parties.
Legal Topics
Development Control Order, Appeal, Remedial Works, Childcare Centre, Modification of Orders
Planning Law Environmental Law Development Control Order Appeal Remedial Works Childcare Centre Modification of Orders

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Parties

Childcare Developments Group Pty Ltd trading as Childcare Developments Group

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order issued by The Hills Shire Council on 4 July 2024 should be modified
  2. 2 Whether the Court has statutory power to modify the order as agreed by the parties

Ratio Decidendi

The power under ss 8.18(4)(b) and 8.18(4)(f) of the Environmental Planning and Assessment Act 1979 enables the Court to make orders modifying the development control order as agreed by the parties, and such a decision is within the Court's power.

Court Disposition

Appeal upheld in part; development control order modified by agreement between the parties.

Orders

  • The appeal is upheld in part.
  • Pursuant to ss 8.18(4)(b) and 8.18(4)(f) of the Environmental Planning and Assessment Act 1979, Development Control Order No-320795 issued by The Hills Shire Council on 4 July 2024 is modified in accordance with Annexure A.