LBEB Pty Ltd ACN (127 486 462) v Inner West Council [2020] NSWLEC 1344

Land and Environment Court New South Wales

Medium Neutral Citation: LBEB Pty Ltd ACN (127 486 462) v Inner West Council [2020] NSWLEC 1344 Hearing dates: Conciliation conference 22 July 2020 Date of orders: 04 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 1 Before: Clay AC Decision: See orders at [13] below Catchwords: MODIFICATION – childcare centre – modification of layout with no increase in numbers – minor changes to building – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: LBEB Pty Ltd ACN 127486462 (Applicant) Inner West Council (Respondent) Representation: Counsel: A Seton (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)

Solicitors: Marsdens Law Group (Applicant) Inner West Council (Respondent) File Number(s): 2019/367840 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EP&A Act) against the decision of the Respondent to in relation to the application to modify Development Consent D/2015/139 (consent) originally granted on 10 November 2015 for alterations and additions to an existing building and change of use to a 90 place child care centre on the land at 73-75 Beattie Street, Balmain (the site). 2. The modification sought internal and external alterations to the building and alterations to a number of conditions. There is no change proposed to the number of children. 3. The Respondent granted the application in part on 19 December 2019 and issued a Notice of Determination on 8 January 2019. The applicant is dissatisfied with that determination. 4. On 30 June 2020 I presided over a conciliation conference between the parties pursuant to s 34 of the Land and Environment Court Act 1979 (Court Act). 5. At the conciliation conference, the parties reached agreement in principle as to the terms of a decision in the proceedings that would be acceptable to the parties. The proposed decision was to grant leave to amend the modification application and to modify the development consent in the manner described below. 6. On 28 July 2020 the parties lodged an agreement pursuant to s 34 of the Court Act. 7. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' agreement if the proposed decision the subject of the agreement is a decision that the Court could have made in the proper exercise of its functions. 8. The parties' agreement involves the Court exercising the function under s 4.56 of the EP&A Act to grant the application to modify the development consent. 9. The following matters of jurisdiction are noted: