Strathfield Muslim Welfare Association Incorporated v Strathfield Municipal Council

[2017] NSWLEC 1634

Land and Environment Court

New South Wales

Medium Neutral Citation:	Strathfield Muslim Welfare Association Incorporated v Strathfield Municipal Council [2017] NSWLEC 1634
Hearing dates:	Conciliation conference on 9 November 2017
Date of orders:	10 November 2017
Decision date:	10 November 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions for use of dwelling as a place of public worship; 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:	Strathfield Muslim Welfare Association Incorporated (Applicant) Strathfield Council (Respondent)
Representation:	Solicitor: Mr M Wright SC, Mills Oakley Solicitors (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	2016/341704
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-2016/15 for alterations and additions to an existing two storey dwelling house including the demolition of an existing garage, at grade parking for 6 cars (including 1 accessible space), 4 bike racks, construction of a car port, tree removal and use of the building as a place of public worship for 30 worshippers at 114 Burlington Road, Homebush.

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-2016/15 for alterations and additions to an existing two storey dwelling house including the demolition of an existing garage, at grade parking for 6 cars (including 1 accessible space), 4 bike racks, construction of a car port, tree removal and use of the building as a place of public worship for 30 worshippers at 114 Burlington Road, Homebush is approved subject to the conditions set out in Annexure “A”.

……………………….

Commissioner Brown

341704.16 Brown - Annexure A (326 KB, pdf)