JK Canterbury Holdings Pty Ltd v Inner West Council

[2016] NSWLEC 1621

Land and Environment Court

New South Wales

Medium Neutral Citation:	JK Canterbury Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1621
Hearing dates:	Conciliation conference on 13 December 2016
Date of orders:	21 December 2016
Decision date:	21 December 2016
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: long day care centre; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	JK Canterbury Holdings Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Counsel: Mr C. Shaw solicitor.(Applicant) Mr G. Christmas solicitor (Respondent)   Solicitors: Swaab Attorneys.(Applicant) Apex Planning and Environment Law (Respondent)
File Number(s):	2016/250036

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 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.

1. Leave is granted to the Applicant to rely on the following amended plans:

Plan, Revision and Issue No.	Plan Name	Date	Prepared by
Dwg No. A1b	Site Plan	16 December 2016	Nigel Merryweather Architects
Dwg No. A2b	Ground Floor Plan	14 December 2016	Nigel Merryweather Architects
Dwg No. A3a	Level 1 Plan	4 November 2016	Nigel Merryweather Architects
Dwg No. A7b	Sections	16 December 2016	Nigel Merryweather Architects
Dwg No. A8b	Elevations	16 December 2016	Nigel Merryweather Architects
Dwg No. D2b	Wall Sections 2 Driveway Section	16 December 2016	Nigel Merryweather Architects
Dwg No. SIG a	Signage	4 November 2016	Nigel Merryweather Architects

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $1,500.00 upon execution of this Agreement.

3. The appeal is upheld.

4. Development consent is granted to DA201600306 to demolish the existing improvements and construct a 3 part 4 storey long day care centre for 103 children aged from 0 to 5 years at 1-7 Albany Road, Stanmore subject to the conditions at Annexure “A”.

…………….

Commissioner O’Neill

250036.16 O'Neill (C) (262 KB, pdf)

250036.16 O'Neill (C) - Plans. (5.29 MB, pdf)

Decision last updated: 21 December 2016