SJH Planning and Design v Central Coast Council

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 2016Date of orders: 05 August 2016 Decision date: 05 August 2016 Jurisdiction:Class 1Before: 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 judgmentParties: 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):2016/00149969Publication restriction:NoJudgment 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. 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”. The Court Act...