Hills Awqaf Pty Ltd v The Hills Shire Council [2022] NSWLEC 1103

Land and Environment Court New South Wales

Medium Neutral Citation: Hills Awqaf Pty Ltd v The Hills Shire Council [2022] NSWLEC 1103 Hearing dates: 13-16, 27 September 2021 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court directs that: (1) The applicant is to prepare an updated Plan of Management and an updated Traffic Management Plan, and provide them to the respondent, by 10 March 2022. (2) The updated Plan of Management and Traffic Management Plan are to be lodged on the NSW Planning Portal and filed with the Court by 17 March 2022. (3) The respondent is to file, and provide by email in word version to Commissioner Support, updated conditions of development consent by 24 March 2022. (4) Pending the making of final orders, liberty is granted to restore the matter to the Court on 2 days notice. (5) The exhibits are returned, except for exhibits A and 16. Catchwords: APPEAL – development application – place of public worship – now a prohibited use – whether out of character – relevance of a change in character in a transition zone – whether excessive excavation – whether excessive site coverage – impact on intersection – adequacy of car parking arrangements – adequacy of plan of management Legislation Cited: Biodiversity Conservation Act 2016 Part 7 Environmental Planning and Assessment Act 1979 s 4.15 Protection of the Environment Operations Act 1997 State Environmental Planning Policy No 55 – Remediation of Land cl 7 State Environmental Planning Policy (State and Regional Development) 2011 cll 5, 20 The Hills Local Environmental Plan 2012 cll 2.3, 4.3, 7.4 The Hills Local Environmental Plan 2019 (Amendment No 20) The Hills Local Environmental Plan 2019 (Amendment No 7) The Hills Local Environmental Plan 2019 cl 1.8A Cases Cited: Ali v Liverpool City Council [2009] NSWLEC 1327 Holy Apostolic Catholic Assyrian Church Of The East Property Trust v Fairfield City Council [2018] NSWLEC 1521 Jeffrey v Canterbury Bankstown Council [2021] NSWLEC 73 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 TL & TL Tradings Pty Ltd v City of Parramatta Council [2019] NSWLEC 160 Texts Cited: Austroads, Guide to Traffic Management Part 6: Intersections, Interchanges and Crossings Management, (2020) Department of Environment, Climate Change and Water NSW, NSW Road Noise Policy (March 2011) Environment Protection Authority NSW, Noise Policy for Industry (2017) The Hills Development Control Plan 2012 Category: Principal judgment Parties: Hills Awqaf Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)