Corona Projects Pty Ltd v Strathfield Council [2020] NSWLEC 1506

Corona Projects Pty Ltd v Strathfield Council [2020] NSWLEC 1506

The Court was satisfied that the agreed decision was within power because the requirements of s 4.55(2) were met: the modified child care centre remained substantially the same development despite increasing child numbers and making changes including additional outdoor play area and parking, the application had been notified in accordance with the applicable development control plan, and submissions had been considered. Under s 34(3) of the Land and Environment Court Act 1979 the proceedings were therefore disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to rely on an amended application; modification application approved subject to conditions in Annexure A.
Legal Topics
['modification of Development Consent' 'centre Based Child Care Facility' 'conciliation Conference' 'section 34 Agreement' 'substantially the Same Development']
['planning and Environment Law'] ['modification of Development Consent' 'centre Based Child Care Facility' 'conciliation Conference' 'section 34 Agreement' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification application could be determined under s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the development as modified would be substantially the same development as the development for which consent was originally granted.']

Ratio Decidendi

The Court was satisfied that the agreed decision was within power because the requirements of s 4.55(2) were met: the modified child care centre remained substantially the same development despite increasing child numbers and making changes including additional outdoor play area and parking, the application had been notified in accordance with the applicable development control plan, and submissions had been considered. Under s 34(3) of the Land and Environment Court Act 1979 the proceedings were therefore disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; leave granted to rely on an amended application; modification application approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely on an amended application by substituting the listed plans and documents as the plans relied upon for the purpose of the application.' 'The appeal is upheld.' 'The application to amend DA 2017/030/01, being an increase in capacity from 60 to 89 children at the Childcare...