Land and Environment Court New South Wales Medium Neutral Citation: Kirrawee Childcare Unit Trust v Sutherland Shire Council [2017] NSWLEC 1249 Hearing dates: Conciliation conference on 15 May 2017 Date of orders: 23 May 2017 Decision date: 23 May 2017 Jurisdiction: Class 1 Before: Chilcott 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: Kirrawee Childcare Unit Trust (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitor: Mr J Hones, Hones Lawyers (Applicant) Ms J Maree, Sutherland Shire Council (Respondent) File Number(s): 2016/328312 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 be upheld. 2. Leave be granted to the Applicant to rely upon the following plans and documents: Plan number Reference Prepared by Date A0101 Revision B Proposed Site Plan Liquid Design Amended 2 September 2016 A1000 Revision A Demolition Lower Ground Liquid Design Amended 22 August 2016 A1001 Revision A Demolition Upper Ground Liquid Design Amended 22 August 2016 A1002 Revision A Demolition Roof Plan Liquid Design Amended 22 August 2016 A1010 Revision A Demolition North and East Elevations Liquid Design Amended 22 August 2016 A1011 Revision A Demolition South and West Elevations Liquid Design Amended 22 August 2016 A9550 Revision A Playground Sun and Shading Liquid Design 14 December 2016 A1100 Revision E Proposed Lower Ground Liquid Design Amended 14 December 2016 A1101 Revision F Proposed Upper Ground Liquid Design Amended 22 March 2017 A1102 Revision C Proposed Roof Liquid Design Amended 8 September 2016 Sheet L01 Revision 2 Landscape Masterplan Upper Level Edible Kids Gardens 16 December 2016 Sheet L02 Revision 2 Landscape Masterplan Lower Ground Level Edible Kids Gardens 16 December 2016 Sheet L03 Revision2 Planting and Maintenance Plan Upper Level Edible Kids Gardens 16 December 2016 A3000 Revision D Proposed North and East Elevations Liquid Design Amended 14 December 2016 Plan number Reference Prepared by Date A3001 Revision D Proposed South and West Elevations Liquid Design Amended 14 December 2016 A3100 Revision C Proposed Sections 1 Liquid Designs Amended 30 August 2016 A3101 Revision B Proposed Sections 2 Liquid Designs Amended 30 August 2016 A7001 Revision A Kitchen, Laundry, Prep Kitch and Toilet Plans Liquid Designs Amended 22 August 2016 GO160602 Issue B Drawing C1 Coversheet and Notes ACOR Consultants Amended 24 August 2016 GO160602 Issue B Drawing C2 Stormwater Management Plan ACOR Consultants Amended 24 August 2016 GO160602 Issue B Drawing C3 Stormwater Management Plan – Roof Layout ACOR Consultants Amended 24 August 2016 GO160602 Issue B Drawing C4 Stormwater Management Details Sheet No. 1 ACOR Consultants Amended 24 August 2016 Plan of Management Plan of Management 16 May 2017 Acoustic Assessment Report Acoustic Assessment Report N G Childs and Associates 22 August 2016 1. Pursuant to section 97B of the Environmental Planning and Assessment Act, the applicant is to pay those costs of the consent authority, namely the respondent, that are thrown away as a result of amending the development application in the fixed amount of $2,000.00. 2. Development Consent be granted to DA16/1170 for alterations and additions to an existing commercial car yard to create a child care centre for 174 children at 112-114 Oak Road, Kirrawee, subject to the Conditions in Annexure "A". ………………………. Commissioner Chilcott 328312.16 Chilcott - Plans (19.8 MB, pdf) 328312.16 Chilcott (C) (365 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: 23 May 2017