Hurstville Community Centre Incorporated v Georges River Council [2022] NSWLEC 1468

Land and Environment Court New South Wales

Medium Neutral Citation: Hurstville Community Centre Incorporated v Georges River Council [2022] NSWLEC 1468 Hearing dates: 17 August 2022 Date of orders: 06 September 2022 Decision date: 06 September 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2019/0644 for demolition works, alterations to an existing building, change of use from a nursing home to a place of public worship, associated community meeting rooms, car parking, landscaping and associated works, at Lots 21-24 in DP 87691, known as 88-92 Botany Street, Carlton NSW 2218, is determined by the grant of consent, subject to the conditions set out in Annexure A. (3) The exhibits, other than Exhibits 1, 2, 3, 4, 5, 10, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing building, change of use to place of public worship – orders by consent of parties Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 sch 6 cl 3 Georges River Local Environmental Plan 2021 cl 1.8A Hurstville Local Environmental Plan 2012 cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.7 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Texts Cited: Georges River Development Control Plan 2021 Hurstville Development Control Plan No. 1 Land and Environment Court Practice Note Class 1 Development Appeals (3 April 2018) Category: Principal judgment Parties: Hurstville Community Centre Incorporated (Applicant) Georges River Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) J McKelvey (Counsel) (Respondent)