SJH Planning and Design v Central Coast Council

[2016] NSWLEC 1339

Land and Environment Court

New South Wales

Medium Neutral Citation:	SJH Planning and Design v Central Coast Council [2016] NSWLEC 1339
Hearing dates:	Conciliation conference on 5 August 2016
Date of orders:	05 August 2016
Decision date:	05 August 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	MODIFICATION :conditions of consent for child care centre; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	SJH Planning and Design (Applicant) Central Coast Council (Respondent)
Representation:	Counsel: Mr Robert Byrd, solicitor (Applicant) Mr Martin Ball, solicitor (Respondent) Solicitors: P J Donnellan & Co (Applicant) Central Coast Council (Respondent)
File Number(s):	2016/00149969
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of an application to modify the conditions of consent for Development Application 44867/2013 for a child care centre at 586 Tumbi Road Wamberal.

2. 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”.

3. 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.

4. 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.

5. 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 44867/2013 (Central Coast Council) for a 24 hour Child Care Centre on Lot 11 DP 850426 at No. 586 Tumbi Road Wamberal be modified by substituting the Conditions of Consent (with tracked changes) annexed hereto and marked "A" for the Conditions of Consent dated 15 July 2014.

3. No order as to costs.

…………….

G T Brown

Commissioner

149969.16 - Annexure A (303 KB, pdf)