Coptic Orthodox Church v Hornsby Shire Council [2007] NSWLEC 546

Land and Environment Court of New South Wales

CITATION : Coptic Orthodox Church v Hornsby Shire Council [2007] NSWLEC 546

APPLICANT Coptic Orthodox Church PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10189 of 2007

CORAM: Hoffman C

KEY ISSUES: Section 96 Application :- refusal to amend the existing consent for operating hours of the church, traffic, noise, fencing, car parking,

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994

DATES OF HEARING: 26/06/2007, 27/06/2007 and 28/06/2007

DATE OF JUDGMENT: 30 August 2007

APPLICANT Mr J. Hannaford, solicitor of Hannaford Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Hudson, solicitor of Wilshire Webb Staunton Beattie Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

30 August 2007

10189 of 2007 Coptic Orthodox Church v Hornsby Shire Council

JUDGMENT 1 This is a Class 1 Appeal No.10189 of 2007 between the Coptic Orthodox Church and the Hornsby Shire Council in regard to the refusal to amend the existing consent for operating hours of the church at 444 Galston Road, Galston.

2 The church has been operating for some years after approval by Development Consent No. 1021/2003. It is on a 2.024 ha property in amongst other "hobby farm" properties of about the same size. The original approval permitted the extension of the existing house to provide the church auditorium and a room at the rear for Sunday school. Also a carparking area for 17 cars was approved with an overflow area on a grassed paddock for another 15 cars to be used to absorb expected growth of the congregation over a 10 year period and extra cars on special religious days.