Al Noor Islamic Association Incorporated v Cumberland Council [2017] NSWLEC 1553

Al Noor Islamic Association Incorporated v Cumberland Council [2017] NSWLEC 1553

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. DA 157/2016/a for Use of a Building as a Place of Public Worship and Landscaping Works / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA-157/2016 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'place of Public Worship' 'landscaping Works' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'place of Public Worship' 'landscaping Works' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. DA 157/2016/a for Use of a Building as a Place of Public Worship and Landscaping Works / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. DA-157/2016 approved subject to conditions in Annexure A.

Orders

  • ['The Appeal is upheld.' '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".']