Kirrawee Childcare Unit Trust v Sutherland Shire Council [2017] NSWLEC 1249

Kirrawee Childcare Unit Trust v Sutherland Shire Council [2017] NSWLEC 1249

Upon the parties reaching agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of the proceedings per those terms if satisfied the decision is one the Court could have made in proper exercise of its functions; no merits assessment of the dispute was required.

Parties
Applicant: Kirrawee Childcare Unit Trust; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
23 May 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made
Legal Topics
Development Application, Conciliation Conference, Section 34 Land and Environment Court Act 1979
Planning and Environment Law Development Application Conciliation Conference Section 34 Land and Environment Court Act 1979

Case Brief

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Parties

Kirrawee Childcare Unit Trust

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the Court
  2. 2 Terms on which development consent should be granted for proposed child care centre

Ratio Decidendi

Upon the parties reaching agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of the proceedings per those terms if satisfied the decision is one the Court could have made in proper exercise of its functions; no merits assessment of the dispute was required.

Court Disposition

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

Orders

  • The appeal be upheld.
  • Leave be granted to the Applicant to rely upon specified plans and documents listed in the judgment.