Trustees of the Roman Catholic Church Diocese of Broken Bay v Ku-ring-Gai Council [2002] NSWLEC 9

Reported Decision : 118 LGERA 407

Land and Environment Court of New South Wales

CITATION : Trustees of the Roman Catholic Church Diocese of Broken Bay v Ku-ring-Gai Council [2002] NSWLEC 9 APPLICANT: Trustees of the Rman Catholic Church Diocese of Broken Bay PARTIES : RESPONDENT: Ku-ring-Gai Council FILE NUMBER(S) : 40176 of 2001 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- Special Uses Zone (Church) & Special Uses Zone (Seminary)-whether permits school for kindergarten to year 6 children LEGISLATION CITED: Crosland v North Sydney Council (2000) 109 LGERA 244; CASES CITED: House of Peace Pty Ltd v Bankstown City Council (2000) 106 LGERA 440; Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541 DATES OF HEARING: 1 February 2002 DATE OF JUDGMENT: 02/05/2002

APPLICANT: Mr D Wilson, Barrister SOLICITORS Grahame Goldberg Partners LEGAL REPRESENTATIVES: RESPONDENT: Mr P Rigg, Solicitor SOLICITORS Deacons

JUDGMENT:

IN THE LAND AND Matter No. 40176 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 5 February 2002

TRUSTEES OF THE ROMAN CATHOLIC CHURCH DIOCESE OF BROKEN BAY

Applicant

v

KU-RING-GAI COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. By its class 4 application filed 25 September 2001, the Applicant claims the following relief: A declaration that on the true construction of the Ku-Ring-Gai Planning Scheme Ordinance, a deemed environmental planning instrument, the land situate at 35 – 41 Billyard Avenue, Wahroonga and zoned Special Uses 5(a) Church and Special Uses 5(a) Seminary under that said instrument may be used for the purpose of a school for children of primary school age, classes Kindergarten to Year 6.