Selim v Strathfield Municipal Council [2021] NSWLEC 1783

Selim v Strathfield Municipal Council [2021] NSWLEC 1783

The Court found all jurisdictional prerequisites for granting consent were satisfied, no merit assessment was required, and ordered the appeal upheld and consent granted on agreed conditions in accordance with the parties’ settlement reached at conciliation conference.

Parties
Applicant: Sheriff Selim; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
22 December 2021
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; consent granted
Legal Topics
Development Application, Child Care Centre, Conciliation Conference, Consent Orders
Planning Law Environmental Law Development Application Child Care Centre Conciliation Conference Consent Orders

Case Brief

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Parties

Sheriff Selim

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the jurisdictional requirements for grant of consent to the development application were satisfied
  2. 2 Whether the proposed increase in capacity and staff of the child care centre was permissible under statutory controls
  3. 3 Whether the agreement reached at conciliation could be endorsed by the Court

Ratio Decidendi

The Court found all jurisdictional prerequisites for granting consent were satisfied, no merit assessment was required, and ordered the appeal upheld and consent granted on agreed conditions in accordance with the parties’ settlement reached at conciliation conference.

Court Disposition

Appeal upheld; consent granted

Orders

  • The appeal is upheld.
  • Development Application No. DA/2021/116 to increase the capacity of an existing child care centre at 6 Torrington Road, Strathfield by thirteen children (from thirty-five to forty-eight), increase staff from six to nine, and an additional parking space is approved subject to conditions.