Hassib v Cumberland Council [2021] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: Hassib v Cumberland Council [2021] NSWLEC 1012 Hearing dates: 7 September; 2 November 2020 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application for the construction of a place of public worship at 2C Factory Street, Granville, is refused. (3) The exhibits are returned. Catchwords: APPEAL – development application – place of public worship – headlight glare – whether there is an acoustic impact – adequacy of assessment of calculated noise levels – assessment does not incorporate certain factors – whether the residents will be exposed to unreasonable noise Legislation Cited: Vehicle Standard (Australian Design Rule 46/00 - Headlamps) 2006 (Cth) Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (State and Regional Development) 2011 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Bell v F S & U Industrial Benefit Society Ltd (Supreme Court (NSW), McLelland J, 9 September 1987, unrep) Makita (Australia) Pty Ltd v Sprowles 52 NSWLR 705; [2001] NSWCA 305 Texts Cited: Australia/New Zealand Standard 4282:2019 Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Enayat Hassib (Applicant) Cumberland Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Reid (Respondent)