Land and Environment Court New South Wales 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". DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 December 2017