Rahma Islamic Association of Australia Inc v Fairfield City Council

[2017] NSWLEC 1582

Land and Environment Court

New South Wales

Medium Neutral Citation:	Rahma Islamic Association of Australia Inc v Fairfield City Council [2017] NSWLEC 1582
Hearing dates:	Conciliation conference on 17 July, 7, 22 August, 12 September & 5 October 2017
Date of orders:	17 October 2017
Decision date:	17 October 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Rahma Islamic Association of Australia Incorporated (Applicant) Fairfield City Council (Respondent)
Representation:	Solicitor: Mr M Sonter, Mills Oakley Solicitors (Applicant) Ms Peta Hudson, Mardens Law Group (Respondent)
File Number(s):	2017/66133
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 Appeal is upheld.

2. Modification Application No. DA505.4/2010 seeking modifications to conditions 1A and 32 of development consent DA 505.1/2010 (as modified) for the use of the premises at No 3 Railway Street and No 2A & 2B Kay Street, Old Guilford as “a place of worship and youth centre, construction of an awning, demolition of the existing dwelling fronting Railway Street and construction of on-site car parking” is determined by approving the modifications set out in Annexure “A”.

3. As a consequence of order (2), Development Consent No. DA505.1/2010 is now subject to the consolidated, modified conditions of development consent as set out in Annexure “B”

……………………….

Senior Commissioner Martin

Annexure A (151 KB, pdf)

Annexure B (440 KB, pdf)