Chong v Queanbeyan-Palerang Regional Council [2017] NSWLEC 1548

Chong v Queanbeyan-Palerang Regional Council [2017] NSWLEC 1548

Agreement was reached under s 34(3) Land and Environment Court Act 1979 that was acceptable to the parties and one which the Court could have made. Consequently, the appeal was upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'child Care Centre' 'conciliation Conference' 'appeal of Refusal']
['planning and Environment'] ['development Application' 'child Care Centre' 'conciliation Conference' 'appeal of Refusal']

Case Brief

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Procedural Posture

Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for a single storey 40 place child care centre should be approved']

Ratio Decidendi

Agreement was reached under s 34(3) Land and Environment Court Act 1979 that was acceptable to the parties and one which the Court could have made. Consequently, the appeal was upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The applicant is granted leave to rely on the amended plans set out in Annexure "B".' 'The appeal is upheld.' 'Development application (DA.2016.001) for the construction and operation of a single storey 40 place child care centre at 35 Trucking Yard Lane, Bungendore, NSW (contained in Lot 1 in DP12110698) and...