St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council [2009] NSWLEC 1052

Land and Environment Court of New South Wales

CITATION : St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council [2009] NSWLEC 1052

APPLICANT St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10956 of 2008

CORAM: Bly C

KEY ISSUES: SECTION 96 MODIFICATION :- Final Orders

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATE OF JUDGMENT: 24 February 2009

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

RESPONDENT Mr T. Howard, barrister Instructed by Wilshire Webb Staunton beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

24 February 2009

10956 of 2008 St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council

JUDGMENT 1 On 3 December 2008 I gave judgment in this matter indicating that (at par 19) I had decided to uphold an appeal against the Hornsby Shire Council's decision to refuse an application pursuant to s 96 of the Environmental Planning and Assessment Act 1979 for the modification of the development consent granted by the Hornsby Shire Council on 17 March 2004 involving a church at 444 Galston Rd Dural. I also decided that the conditions of consent should be variously amended for reasons explained in my judgment. 2 In my judgment I directed that that the parties confer and provide a schedule of changes incorporating the agreed conditions and the amended conditions reflecting my decision. These have now been provided and I make the following orders. Orders 1. The appeal is upheld. 2. The section 96 modification application submitted to the Council on 14 December 2007 be approved in accordance with the respondent Council's resolution dated 6 August 2008 and subject to the following modification: (a) Replace condition 64 with a new condition 64 and per attachment 'A'. (b) Delete Council's conditions 64A, 65A and the Land and Environment Court imposed condition 71A (30 August 2007) and replace with new conditions 64A, 64B and 65A in accordance with attachment 'A'. (c) Insert new conditions 91 and 67G in accordance with attachment 'B'. (d) Amend existing condition 80 to read as follows:- A timer control mechanism shall be installed to ensure that lighting of both the crucifix and the lighting bollards will automatically switch off 30 minutes after permitted hours of use on weekdays and Saturdays as referred to in condition 64A. No illumination of the crucifix or the lighting bollards shall occur on Sundays. 3. Exhibits to be returned except Exhibits 7, B and F.