Whiz Kids Early Learning Centre Pty Ltd v The Hills Shire Council [2019] NSWLEC 1582

Whiz Kids Early Learning Centre Pty Ltd v The Hills Shire Council [2019] NSWLEC 1582

As the parties reached agreement at conciliation and the decision is within the Court's powers, the appeal was upheld and the original order substituted in accordance with the parties' agreement, under the relevant statutory provisions.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Appeal / Disposition After Conciliation Conference
Outcome
Appeal upheld; order substituted by consent; each party to pay own costs.
Legal Topics
['development Application' 'conciliation Conference' 'appeal']
['planning and Environment'] ['development Application' 'conciliation Conference' 'appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Disposition After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development control order issued by the Council regarding noise management should be upheld or substituted']

Ratio Decidendi

As the parties reached agreement at conciliation and the decision is within the Court's powers, the appeal was upheld and the original order substituted in accordance with the parties' agreement, under the relevant statutory provisions.

Court Disposition

Appeal upheld; order substituted by consent; each party to pay own costs.

Orders

  • ['The Appeal is upheld.' "The development control Order No 11 the subject of the Appeal is substituted by order No 1 in the terms of attachment 'A' to this order." 'Each party pay their own costs of the proceedings.']