SJH Planning and Design v Central Coast Council [2016] NSWLEC 1339

SJH Planning and Design v Central Coast Council [2016] NSWLEC 1339

The Court orders the appeal be upheld and modifies Development Consent 44867/2013 as per the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld
Legal Topics
['modification of Conditions of Consent' 'child Care Centre Development' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) Land and Environment Court Act']
['planning and Environment'] ['modification of Conditions of Consent' 'child Care Centre Development' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) Land and Environment Court Act']

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Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the refusal to modify conditions of consent for a child care centre should be overturned' 'Whether the agreement reached in conciliation conference is acceptable under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The Court orders the appeal be upheld and modifies Development Consent 44867/2013 as per the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' "Development Consent 44867/2013 for a 24 hour Child Care Centre at 586 Tumbi Road Wamberal be modified by substituting the Conditions of Consent annexed and marked 'A'." 'No order as to costs.']