Background
T and TC Investment Pty Ltd appealed against the refusal of a development application concerning 7–9 Oxford Street, Blacktown. The amended proposal involved consolidating the land, removing trees, demolishing existing structures, and building a two-storey, 110-place centre-based childcare facility with basement parking, landscaping and associated engineering works.
Before the listed hearing, the developer and Blacktown City Council resolved their issues and sought a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW). Two submissions had been received during notification; concerns included the driveway, traffic, parking and noise. One objector addressed the conference.
The Court’s Holding
Commissioner Porter upheld the appeal and granted development consent for Development Application No DA-25-01250, as amended, subject to the conditions in Annexure A.
The Court held that the parties’ agreed outcome was one it could lawfully make. In a s 34 conciliation disposition, the Court’s task was to check for jurisdictional constraints rather than conduct a merits assessment. It was satisfied that owner consent, notification, applicable planning controls, contamination requirements, childcare-facility standards and the statutory heads of consideration had been addressed.
Key Takeaways
- A conciliation agreement may be implemented where the Court is satisfied that it is within the Court’s power.
- The Court did not decide the merits of the objectors’ traffic, parking, driveway or noise concerns.
- Consent was granted subject to conditions, including measures addressing remediation and the amended development.
Why It Matters
The decision illustrates the limited role of the Land and Environment Court when parties resolve a Class 1 appeal through s 34 conciliation. The Court must ensure the agreed result is legally available, but does not revisit the planning merits that the parties have resolved.
For developers and councils, it confirms that a negotiated consent for a childcare proposal can be formalised through the Court where the necessary jurisdictional and planning prerequisites are demonstrated.