Giraffe Child Care Group Pty Ltd v Northern Beaches Council [2021] NSWLEC 1533

Giraffe Child Care Group Pty Ltd v Northern Beaches Council [2021] NSWLEC 1533

The appeal must be upheld and consent granted to the amended development application because all jurisdictional prerequisites are satisfied, the proposal complies with relevant planning instruments, heritage, and parking requirements, and the parties reached a lawful agreement under s34 of the Land and Environment Court Act 1979.

Parties
Applicant: Giraffe Child Care Group Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Appeal / Disposition Following Conciliation Under S34 Agreement
Outcome
Appeal upheld; consent granted subject to conditions; costs order made.
Legal Topics
Development Application, Child Care Centre, Heritage Item, Car Parking, Conciliation Agreement
Planning and Environment Development Application Child Care Centre Heritage Item Car Parking Conciliation Agreement

Case Brief

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Parties

Giraffe Child Care Group Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Appeal / Disposition Following Conciliation Under S34 Agreement

Legal Issues

  1. 1 Whether consent should be granted for alterations and additions to an existing child care centre including increase in capacity and changes to parking on heritage-listed land
  2. 2 Whether jurisdictional pre-requisites for the grant of consent and for determining the appeal are satisfied

Ratio Decidendi

The appeal must be upheld and consent granted to the amended development application because all jurisdictional prerequisites are satisfied, the proposal complies with relevant planning instruments, heritage, and parking requirements, and the parties reached a lawful agreement under s34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs order made.

Orders

  • The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00 within 28 days.
  • The Appeal is upheld.