Mohammed Lazki v Bankstown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Mohammed Lazki v Bankstown City Council [2015] NSWLEC 1566 Hearing dates:Conciliation conference on 4, 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 – modification to increase student numbers and relocate car-parking - conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court 1979 Bankstown LEP 2015 Category:Principal judgmentParties: Mohammed Lazki (Applicant) Bankstown City Council (Respondent) Representation: Solicitors Mr P Rosier, Rosier Partners Lawyers (Applicant) Ms P Hudson, Marsdens Law Group (Respondent) File Number(s):11103 of 2014Publication 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 making the orders to give effect to the agreement...