NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Islamic Centre Sheikh Albani Incorporated v Fairfield City Council [2024] NSWLEC 1330 Hearing dates: Conciliation conference on 14 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Court modifies the terms of the Development Control Order No.1, dated 13 September 2022, by Fairfield Council in relation to Lot 6 in DP26401, known as 20 Justin Street, Smithfield, as shown in the modified Order in Annexure A. Catchwords: APPEAL – development control order – stop use order – use now authorised by deferred commencement consent – conciliation conference – agreement reached to modify the terms of the order – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979, s 34 Fairfield Local Environmental Plan 2013 Cases Cited: Islamic Sheikh Albani Incorporated v Fairfield City Council (No 2) [2024] NSWLEC 1238 Category: Principal judgment Parties: Islamic Centre Sheikh Albani Incorporated (Applicant) Fairfield City Council (Respondent) Representation: Counsel: M Norman (Solicitor) (Applicant) S Schneider (Solicitor) (Respondent)
Solicitors: Mills Oakley (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 2023/00125864 Publication restriction: No
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