Coptic Orthodox Church - Saint Mary, Saint Kosman and Saint Demian Church v The Hills Shire Council [2022] NSWLEC 1295

Land and Environment Court New South Wales

Medium Neutral Citation: Coptic Orthodox Church - Saint Mary, Saint Kosman and Saint Demian Church v The Hills Shire Council [2022] NSWLEC 1295 Hearing dates: Conciliation conference on 4 and 26 April 2022, 6 and 23 May 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 179/2021/JP, for the demolition of a temporary place of public worship and construction of a permanent place of public worship over basement parking on land legally described as Lot 2 and Lot 3 in DP 1200708 and known as 118-120 Arnold Avenue, Kellyville, subject to the conditions at Annexure A. (3) The applicant is to pay the respondent's costs thrown away, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – place of public worship – conciliation conference – agreement between the parties – orders Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, s 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Planning Systems) 2021, s 5 in Schedule 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019, cl 4.3, 4.6, 6.3 Category: Principal judgment Parties: Coptic Orthodox Church - Saint Mary, Saint Kosman and Saint Demian Church (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) J Corradini–Bird (Solicitor) (Respondent)