Robyn Taylor Child Development and Educational Centres Pty Ltd v Inner West Council

[2017] NSWLEC 1387

Land and Environment Court

New South Wales

Medium Neutral Citation:	Robyn Taylor Child Development & Educational Centres Pty Ltd v Inner West Council [2017] NSWLEC 1387
Hearing dates:	Conciliation conference on 21 July 2017
Date of orders:	21 July 2017
Decision date:	21 July 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Robyn Taylor Child Development & Educational Centres Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr Abrahamian, Law Corporation Pty Ltd (Applicant) Mr S Turner, Inner West Council (Respondent)
File Number(s):	2017/96800
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 make, 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. Approval is granted to modification application No 10.2011.37.2 to modify development consent number 10.2011.37.1 to increase the capacity of the childcare centre at 65 Church Street, Croydon from 52 children to 60 children at any one time, and the consent is now subject to the consolidated set of conditions of consent at Annexure A (the modifications to the original conditions of consent are identified in mark-up at Annexure B).

3. There is no order as to costs.

……………………….

Commissioner Gray

96800.17 Gray (C) - Annexure A (314 KB, pdf)

96800.17 Gray (C) - Annexure B (119 KB, pdf)