Islamic Centre Sheikh Albani Incorporated v Fairfield City Council [2024] NSWLEC 1330

The Court is satisfied that modifying the development control order in accordance with the parties' agreement is within its powers under s 8.18(4)(b) EPA Act and s 34(3) LEC Act, and the appeal is upheld accordingly.

Jurisdiction: Australia
Judgment Date: 14 June 2024
Procedural Posture: Appeal / Final Orders on Appeal Following Conciliation Conference
Outcome: Appeal upheld, order modified by consent
Legal Topics: ['development Control Order' 'stop Use Order' 'conciliation Conference' 'modification of Order']

['planning and Environment'] ['development Control Order' 'stop Use Order' 'conciliation Conference' 'modification of Order']

Case Brief

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Procedural Posture

Appeal / Final Orders on Appeal Following Conciliation Conference

Legal Issues

1 ['Whether the Court should modify the development control order issued by Fairfield City Council' 'Whether the agreement reached at conciliation conference is a decision the Court can make in the proper exercise of its functions']

Ratio Decidendi

Court Disposition

Appeal upheld, order modified by consent

Orders

['The appeal is upheld.' '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...