St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council [2008] NSWLEC 1516

Land and Environment Court of New South Wales

CITATION : St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council [2008] NSWLEC 1516

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: Development Application - Section 96 Modification :- Application, Conditions of Consent, church

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Roads Act 1993

CASES CITED: Coptic Orthodox Church v Hornsby Shire Council, [2007] NSWLEC 546

DATES OF HEARING: 02/12/2008 and 03/12/2008

EX TEMPORE JUDGMENT DATE : 3 December 2008

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

3 December 2008

10956 of 2008 St Mary & St Sidholm Bishay Coptic, Orthodox Church, Dural v Hornsby Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 17 March 2004, the Hornsby Shire Council determined that development application number 1021/03 for alterations and additions to an existing dwelling and the change of use to a church at 444 Galston Road, Dural, be granted conditional development consent. On 17 November 2005, an application pursuant to s 96 of the Environmental Planning and Assessment Act 1979, to amend the above consent was lodged with the council and subsequently refused. 2 An appeal against this refusal was subsequently heard by Hoffman C and upheld on 30 August 2007 and the consent was modified. (See Coptic Orthodox Church v Hornsby Shire Council, [2007] NSWLEC 546.)