Little Blessings Early Learning Centre Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1550
The appeal was disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979 after a conciliation conference, with the court satisfied the agreement could have been made in the proper exercise of its functions.
- Parties
- Applicant: Little Blessings Early Learning Centre Pty Ltd; Respondent: Sutherland Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 15 October 2018
- Procedural Posture
- Appeal / Final Orders After Conciliation Conference
- Outcome
- Appeal upheld. Modification consent granted by agreement.
- Legal Topics
- Modification Application, Child Care Centre, Increase to Number of Children, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
Little Blessings Early Learning Centre Pty Ltd
Applicant
Sutherland Shire Council
Respondent
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Legal Issues
- 1 Whether the modification application to increase child numbers and amend development consent conditions should be approved
Ratio Decidendi
The appeal was disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979 after a conciliation conference, with the court satisfied the agreement could have been made in the proper exercise of its functions.
Court Disposition
Appeal upheld. Modification consent granted by agreement.
Orders
- The appeal is upheld.
- Consent is granted to the application (MA17/00019) to modify Development Consent 15/0099, in accordance with the modification of conditions as set out in Annexure A.
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