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 1. 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. 2. The appeal is upheld. 3. 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) 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: 21 December 2016