Al Noor Islamic Association Incorporated v Cumberland Council

[2017] NSWLEC 1553

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Al Noor Islamic Association Incorporated v Cumberland Council [2017] NSWLEC 1553
Hearing dates:	Conciliation conference on 28 September 2017
Date of orders:	28 September 2017
Decision date:	28 September 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: use of building for a place of public worship and landscaping works conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment act 1797 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Al Noor Islamic Association Incorporated (Applicant) Cumberland Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Mr A Seton (Respondent) Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent)
File Number(s):	2016/357043
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-157/2016/A for use for a building as a place of public worship and landscaping works at 1-3 Ferndell Street, South Granville.

2. 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”.

3. 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.

4. 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.

5. 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 is upheld.

2. Development Application No. DA-157/2016 for use for a place of public worship and landscaping works at 1-3 Ferndell Street, South Granville is approved subject to the conditions set out in Annexure “A”.

____________

G Brown

Commissioner of the Court

Annexure A (C) (211 KB, pdf)

Plan of Management (1.09 MB, pdf)

Amendments

07 December 2017 - Pursuant to rule 36.17 of the UCPR, the 'slip rule', paragraph [5] is amended so that order (2) refers to the correct Development Application number being "DA-157/2016" not "DA-157/2016/A".