Joyce & Ors v Blue Mountains CC [2005] NSWLEC 111

Land and Environment Court of New South Wales

CITATION : Joyce & Ors v Blue Mountains CC [2005] NSWLEC 111

APPLICANT Edward Joyce, Warwick Kennard and Joseph Joyce as trustees for the Katoomba Gospel Trust PARTIES : RESPONDENT Blue Mountains City Council

FILE NUMBER(S) : 10234 of 1993

CORAM: Bly C

Appeal :- to amend the approved hours of operation of church services at Katoomba Gospel Church - impacts on the amenity of the residential area. KEY ISSUES:

LEGISLATION CITED: Blue Mountains City Council Local Environmental Plan 1991

CASES CITED: Katoomba Gospel Trust v Blue Mountains City Council (10234 of 1993) Talbot J

DATES OF HEARING: 21/02/2005

DATE OF JUDGMENT: 03/17/2005

APPLICANT Mr C McEwen, SC

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

17 March 2005

10234 of 1993 Edward Joyce, Warwick Kennard and Joseph Joyce as trustees for the Katoomba Gospel Trust v Blue Mountains City Council

JUDGMENT Introduction 1 This appeal relates to an application pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979 (" the Act") to amend Development Consent No. 1237/92 ("the consent"). The application involves a proposal to amend the approved hours of operation for Saturday church services at the Katoomba Gospel Church ("the church") at 22 Denison Road. Leura.