Bright Beginnings Learning Centre Glendenning Pty Limited v Liverpool City Council [2016] NSWLEC 1107

Land and Environment Court New South Wales

Medium Neutral Citation: Bright Beginnings Learning Centre Glendenning Pty Limited v Liverpool City Council [2016] NSWLEC 1107 Hearing dates: Conciliation conference Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Class 1 Before: Morris C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: Childcare centre; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Bright Beginnings Learning Centre Glendenning Pty Limited (Applicant) Liverpool City Council (Respondent) Representation: Counsel: S Nash (Respondent)

Solicitors: M Ayache, One Group Legal Pty Limited (Applicant) I Lacy, Liverpool City Council (Respondent) File Number(s): 11041 of 2015

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. ……………. Sue Morris Commissioner 11041 of 2015 - Order (8.40 KB, pdf) 11041 of 2015 - Annexure A (154 KB, pdf) 11041 of 2015 - Da-9802015 - Landscape Plan (1.11 MB, pdf) 11041 of 2015 - DA-9802015 - East and West Elevations (1.55 MB, pdf) 11041 of 2015 - DA-9802015 - Existing Site Plan (306 KB, pdf) 11041 of 2015 - DA-9802015 - Fence Elevations 1 (341 KB, pdf) 11041 of 2015 - DA-9802015 - Fence Elevations 2 (270 KB, pdf) 11041 of 2015 - DA-9802015 - First Floor Plan(Zoomed) (298 KB, pdf) 11041 of 2015 - DA-9802015 - First Floor Plan (341 KB, pdf) 11041 of 2015 - DA-9802015 - Front and Rear Elevations (1.51 MB, pdf) 11041 of 2015 - DA-9802015 - Ground Floor Plan(Zoomed) (333 KB, pdf) 11041 of 2015 - DA-9802015 - Ground Floor Plan (469 KB, pdf) 11041 of 2015 - DA-9802015 - Lower Basement(Zoomed) (283 KB, pdf) 11041 of 2015 - DA-9802015 - Lower Basement (297 KB, pdf) 11041 of 2015 - DA-9802015 - Material Schedule (661 KB, pdf) 11041 of 2015 - DA-9802015 - Section A-A (441 KB, pdf) 11041 of 2015 - DA-9802015 - Site and Roof Plan (180 KB, pdf) 11041 of 2015 - DA-9802015 - Streetscape Elevation (2.40 MB, pdf) 11041 of 2015 - DA-9802015 - Upper Basement(Zoomed) (314 KB, pdf) 11041 of 2015 - DA-9802015 - Upper Basement (333 KB, pdf) 11041 of 2015 - DA-9802015 - Waste Management (306 KB, pdf) 11041 of 2015 - Existing Site and Proposed Demolition Plan (297 KB, pdf) 11041 of 2015 - STORMWATER-5--Model.pdf-1- (151 KB, pdf) 11041 of 2015 - STORMWATER-5--Model.pdf-2- (101 KB, pdf) 11041 of 2015 - STORMWATER-5--Model.pdf-3- (117 KB, pdf) 11041 of 2015 - STORMWATER-5--Model.pdf-4- (81.2 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 31 March 2016