Al Noori Muslim School Limited v Bankstown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Al Noori Muslim School Limited v Bankstown City Council [2015] NSWLEC 1565 Hearing dates:Conciliation conference on 9 and 11 December 2015Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See [4] Catchwords: DEVELOPMENT APPLICATION – expansion of grounds of an approved educational establishment, including construction of car-parking - conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court 1979 Bankstown LEP 2015 Category:Principal judgmentParties: Al Noori Muslim School Limited (Applicant) Bankstown City Council (Respondent) Representation: Solicitors Mr P Rosier, Rosier Partners Lawyers (Applicant) Ms P Hudson, Marsdens Law Group (Respondent) File Number(s):10695 of 2015Publication restriction:NoJudgment 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”. 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. In...