Trevet Property v Ashfield Council [2016] NSWLEC 1240

Trevet Property v Ashfield Council [2016] NSWLEC 1240

The Court is satisfied the decision agreed between the parties at conciliation is one the Court could have made and, as required by s 34(3) of the Land and Environment Court Act 1979, disposes of the proceedings accordingly, granting deferred commencement consent for the amended childcare centre proposal subject to conditions.

Parties
Applicant: Trevet Property; Respondent: Ashfield Council
Jurisdiction
Australia
Judgment Date
25 May 2016
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Deferred commencement development consent granted; appeal upheld; applicant to pay respondent's agreed costs.
Legal Topics
Development Application, Demolition, Child Care Centre, Conciliation Conference, Flooding, Traffic and Parking, Disabled Access, Internal Design, Waste Management
Planning and Environment Development Application Demolition Child Care Centre Conciliation Conference Flooding Traffic and Parking Disabled Access +2 more

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Parties

Trevet Property

Applicant

Ashfield Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether to grant development consent for use as a childcare centre, considering flooding, traffic/parking, disabled access, internal design, waste management, and other planning matters.

Ratio Decidendi

The Court is satisfied the decision agreed between the parties at conciliation is one the Court could have made and, as required by s 34(3) of the Land and Environment Court Act 1979, disposes of the proceedings accordingly, granting deferred commencement consent for the amended childcare centre proposal subject to conditions.

Court Disposition

Deferred commencement development consent granted; appeal upheld; applicant to pay respondent's agreed costs.

Orders

  • The applicant is granted leave to rely on specific amended plans and reports.
  • The applicant is to pay the respondent's costs, agreed at $5,000.00, thrown away as a result of amendments.