Ashabul Kahfi Islamic Centre Inc v Canterbury-Bankstown Council [2017] NSWLEC 1730

Land and Environment Court New South Wales

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- Noise Assessment 02 Acoustic Consulting Engineers 31/08/2017 01L-DD - 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 Geotechnical Investigation Report - Geo-environmental Engineering 23/3/2016 -R01F • Waste Management Plan - Ghazi Al Ali Architect 24/6/2016 5184/A Arboricultural Impact Assessment - TreeTalk Arboricultural Consulting August 2017