Clever Kids Creative Centres v Inner West Council [2016] NSWLEC 1238

Clever Kids Creative Centres v Inner West Council [2016] NSWLEC 1238

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 by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Class 1 Development Appeal / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application' 'change of Use to Child Care Centre' 'alterations and Additions' 'conciliation Conference' 'agreement Between the Parties']
['planning and Development' 'land and Environment'] ['development Application' 'change of Use to Child Care Centre' 'alterations and Additions' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted to DA 10.2015.106.1 for the change of use and alterations and additions to create a long day care centre at 215-217 Parramatta Road, Haberfield subject to conditions.']

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 by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Consent is granted to DA 10.2015.106.1 for the change of use and alterations and additions to create a long day care centre at 215-217 Parramatta Road, Haberfield subject to the conditions in Annexure "A".']