Clever Kids Creative Centres v Inner West Council

[2016] NSWLEC 1238

Land and Environment Court

New South Wales

Medium Neutral Citation:	Clever Kids Creative Centres v Inner West Council [2016] NSWLEC 1238
Hearing dates:	Conciliation conference on 10 June 2016
Date of orders:	10 June 2016
Decision date:	10 June 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; alterations and additions and change of use to a child care centre; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Clever Kids Creative Centres (Applicant) Inner West Council (Respondent)
Representation:	Applicant: Ms N Hinks (Solicitor) Respondent: Mr S Patterson   Solicitors: Applicant: Hones Lawyers Respondent: Wilshire Webb Staunton Beattie Lawyers
File Number(s):	151759 of 2016 (Formerly 2015/10999)
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Development Consent is granted to DA 10.2015.106.1 for the change of use and alterations and additions to create a long day care centre at 215-217 Parramatta Road, Haberfield subject to the conditions in Annexure “A”.

_____________________________

Judy Fakes

Commissioner of the Court

151759.16 Annexure A conditions (104 KB, pdf)