Misra v Campbelltown City Council [2001] NSWLEC 256

Reported Decision : (2001) 118 LGERA 301

Land and Environment Court of New South Wales

CITATION : Misra v Campbelltown City Council [2001] NSWLEC 256 APPLICANT Prem Misra PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10364 of 2001 CORAM: Cowdroy J KEY ISSUES: Development Consent :- Orders LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B, 121ZK CASES CITED: House of Peace Pty Limited v Bankstown City Council (2000) 48 NSWLR 498; The Council of the Municipality of Canterbury v Moslem Alawy Society Limited (1986-1987) 162 CLR 145 DATES OF HEARING: 31/10/01, 4/12/01 DATE OF JUDGMENT: 12/13/2001

APPLICANT Mr J Burrell (Solicitor)

SOLICITORS Burrell Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings (Barrister)

SOLICITORS Marsdens Solicitors

JUDGMENT:

IN THE LAND AND MATTER No. 10364 of 2001 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 13/12/01

Prem Misra Applicant v Campbelltown City Council Respondent JUDGMENT

1. By application class one dated 30 April 2001 the applicant appeals to this Court pursuant to s 121ZK of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") against an order issued by the respondent ("the council") pursuant to s 121B of the EP&A Act requiring the applicant to cease the use of premises known as 203 Eagleview Road, Minto ("the site") as a place of public worship.