Ashabul Kahfi Islamic Centre Inc v Canterbury-Bankstown Council

[2017] NSWLEC 1730

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Ashabul Kahfi Islamic Centre Inc v Canterbury-Bankstown Council [2017] NSWLEC 1730
Hearing dates:	Conciliation conference on 15 December 2017
Date of orders:	19 December 2017
Decision date:	19 December 2017
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ashabul Kahfi Islamic Centre Inc (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr G Garrett, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/82796
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 Applicant is given leave to amend the development application and rely upon the following plans and documentation in the proceedings:

Drawing Number	Drawing Title	Revision	Prepared By	Dated
A1101	Demolition Plan	A	Ghazi Al Ali Architect	22/06/2015
A1200	Basement Plan	E	Ghazi Al Ali Architect	31/08/2017
A1201	Ground Floor Plan	E	Ghazi Al Ali Architect	31/08/2017
A1202	Level 01	E	Ghazi Al Ali Architect	31/08/2017
A1203	Roof Plan	E	Ghazi Al Ali Architect	31/08/2017
A1500	Elevations (South and North)	E	Ghazi Al Ali Architect	31/08/2017
A1501	Elevations (East and West)	E	Ghazi Al Ali Architect	31/08/2017
A1600	Material Schedule	B	Ghazi Al Ali Architect	21/09/2017
A1601	Material Schedule	B	Ghazi Al Ali Architect	21/09/2017
A1700	Sections	F	Ghazi Al Ali Architect	21/09/2017
A1750	Tree Section	A	Ghazi Al Ali Architect	15/08/2017
SW01	Cover Sheet	C	SGC	31/08/2017
SW02	Stormwater Concept Design – Basement Plan	C	SGC	31/08/2017
SW03	Stormwater Concept Design – Ground Floor Plan	C	SGC	31/08/2017
SW04	Stormwater Concept Design – Details Sheet	C	SGC	31/08/2017
SW05	Sediment and Erosion Control – Plan and Details	C	SGC	31/08/2017
Doc No.	Document Name	Revision	Prepared By	Dated
150623- 01L-DD	Noise Assessment	02	Acoustic Consulting Engineers	31/08/2017
-	Operational Plan of Management	-	7 November 2017
•	Appendix A Operational Plan of Management – Parking Demand Analysis & Patronage Schedule	-	15 July 2017
•	Disability Access Report	-	Access Solutions	11/5/2016
G16033WP -R01F	Geotechnical Investigation Report	-	Geo-environmental Engineering	23/3/2016
•	Waste Management Plan	-	Ghazi Al Ali Architect	24/6/2016
5184/A	Arboricultural Impact Assessment	-	TreeTalk Arboricultural Consulting	August 2017

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in the sum of $9,000.00 payable within 60 days of the date of this agreement.

3. The appeal is upheld.

4. Development application DA 286/2016 lodged on 5 July 2016, as amended, is approved subject to the conditions in Annexure A.

……………………….

Commissioner Smithson

Annexure A (C) (411 KB, pdf)

FINAL plans (7.26 MB, pdf)

Amendments

19 December 2017 - Conditions of consent attached as Annexure A.