Robyn Taylor Child Development & Educational Centres Pty Ltd v Inner West Council [2017] NSWLEC 1387

Robyn Taylor Child Development & Educational Centres Pty Ltd v Inner West Council [2017] NSWLEC 1387

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders upholding the appeal and granting the modification approval.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Class 1 Development Application Appeal Concerning a Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved; no order as to costs.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'childcare Centre Capacity']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'childcare Centre Capacity']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether modification application No 10.2011.37.2 should be approved to modify development consent number 10.2011.37.1 to increase the childcare centre capacity at 65 Church Street, Croydon from 52 children to 60 children at any one time.']

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders upholding the appeal and granting the modification approval.

Court Disposition

Appeal upheld; modification application approved; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Approval is granted to modification application No 10.2011.37.2 to modify development consent number 10.2011.37.1 to increase the capacity of the childcare centre at 65 Church Street, Croydon from 52 children to 60 children at any one time, and the consent is now subject to the consolidated...