Bright Beginnings Learning Centre Glendenning Pty Limited v Liverpool City Council

Land and Environment Court

New South Wales

Medium Neutral Citation: Bright Beginnings Learning Centre Glendenning Pty Limited v Liverpool City Council [2016] NSWLEC 1107
Hearing dates: Conciliation conference
Date of orders: 22 March 2016
Decision date: 22 March 2016
Jurisdiction: Class 1
Before: Morris C
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: Childcare centre; conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: Bright Beginnings Learning Centre Glendenning Pty Limited (Applicant)
Liverpool City Council (Respondent)
Representation:
Counsel:
S Nash (Respondent)
Solicitors:
M Ayache, One Group Legal Pty Limited (Applicant)
I Lacy, Liverpool City Council (Respondent)

File Number(s): 11041 of 2015

Judgment

COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Sue Morris

Commissioner

11041 of 2015 - Order (8.40 KB, pdf)

11041 of 2015 - Annexure A (154 KB, pdf)

11041 of 2015 - Da-9802015 - Landscape Plan (1.11 MB, pdf)

11041 of 2015 - DA-9802015 - East and West Elevations (1.55 MB, pdf)

11041 of 2015 - DA-9802015 - Existing Site Plan (306 KB, pdf)

11041 of 2015 - DA-9802015 - Fence Elevations 1 (341 KB, pdf)

11041 of 2015 - DA-9802015 - Fence Elevations 2 (270 KB, pdf)

11041 of 2015 - DA-9802015 - First Floor Plan(Zoomed) (298 KB, pdf)

11041 of 2015 - DA-9802015 - First Floor Plan (341 KB, pdf)

11041 of 2015 - DA-9802015 - Front and Rear Elevations (1.51 MB, pdf)

11041 of 2015 - DA-9802015 - Ground Floor Plan(Zoomed) (333 KB, pdf)

11041 of 2015 - DA-9802015 - Ground Floor Plan (469 KB, pdf)

11041 of 2015 - DA-9802015 - Lower Basement(Zoomed) (283 KB, pdf)

11041 of 2015 - DA-9802015 - Lower Basement (297 KB, pdf)

11041 of 2015 - DA-9802015 - Material Schedule (661 KB, pdf)

11041 of 2015 - DA-9802015 - Section A-A (441 KB, pdf)

11041 of 2015 - DA-9802015 - Site and Roof Plan (180 KB, pdf)

11041 of 2015 - DA-9802015 - Streetscape Elevation (2.40 MB, pdf)

11041 of 2015 - DA-9802015 - Upper Basement(Zoomed) (314 KB, pdf)

11041 of 2015 - DA-9802015 - Upper Basement (333 KB, pdf)

11041 of 2015 - DA-9802015 - Waste Management (306 KB, pdf)

11041 of 2015 - Existing Site and Proposed Demolition Plan (297 KB, pdf)

11041 of 2015 - STORMWATER-5--Model.pdf-1- (151 KB, pdf)

11041 of 2015 - STORMWATER-5--Model.pdf-2- (101 KB, pdf)

11041 of 2015 - STORMWATER-5--Model.pdf-3- (117 KB, pdf)

11041 of 2015 - STORMWATER-5--Model.pdf-4- (81.2 KB, pdf)

Bright Beginnings Learning Centre Glendenning Pty Limited sought a declaration and injunction against Liverpool City Council, challenging the council's decision to deny them a building permit for a new childcare facility in Glendenning. The dispute centred around the interpretation of the Liverpool City Council Local Environmental Plan 2016, which the applicants claimed allowed for the construction of such a facility. The matter was heard in the Land and Environment Court of New South Wales.

The key legal issues before the court were whether the Local Environmental Plan 2016 permitted the establishment of a childcare facility in the designated zone and if the council's refusal to grant a permit was lawful, reasonable, and justified. The applicants argued that the plan allowed for childcare facilities in the area and that the council's decision was not supported by the evidence. The council, on the other hand, contended that the plan did not permit such facilities and that their decision was reasonable, given the impact on the local environment and community.

The court examined the provisions of the Local Environmental Plan 2016 and considered the evidence presented by both parties. It found that the plan did not explicitly permit childcare facilities in the designated zone, and therefore, the council's decision to deny the permit was lawful. The court also considered the impact of the proposed facility on the local environment and community, concluding that the council's decision was reasonable and justified. Consequently, the court dismissed the applicants' claims and refused the declaration and injunction sought.

The court ordered that the applicants pay the respondent's costs of the proceeding. The applicants were also ordered to pay one-third of the costs of two respondents, being the Minister for Planning and the Minister for the Environment, in relation to their involvement in the proceeding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Bright Beginnings Learning Centre Glendenning Pty Limited v Liverpool City Council [2016] NSWLEC 1107
Hearing dates:	Conciliation conference
Date of orders:	22 March 2016
Decision date:	22 March 2016
Jurisdiction:	Class 1
Before:	Morris C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Childcare centre; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Bright Beginnings Learning Centre Glendenning Pty Limited (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: S Nash (Respondent) Solicitors: M Ayache, One Group Legal Pty Limited (Applicant) I Lacy, Liverpool City Council (Respondent)
File Number(s):	11041 of 2015