DEVELOPMENT APPEAL — centre-based child care centre — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), where parties reach agreement at a conciliation conference, the Court's obligation is limited to being satisfied that there are no jurisdictional constraints precluding the agreed order, and does not extend to an evaluative merits assessment (applying McMillan v Taylor and Al Maha Pty Ltd v Huajun Investments Pty Ltd).
2Where a development appeal is resolved by s 34 agreement, the Court is not required to consider the merits of issues raised in community objections; its role is confined to ensuring there is power to grant consent (Al Maha at [217]).
