Tsang Hui v Council of the Municipality of Strathfield [1989] NSWLEC 214

Land and Environment Court of New South Wales

CITATION : Tsang Hui v Council of the Municipality of Strathfield [1989] NSWLEC 214 APPLICANT Tsang Hui PARTIES : RESPONDENT Council for thr Municipality of Strathfield FILE NUMBER(S) : 10548 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 07/01/1989

APPLICANT Mr McEwan LEGAL REPRESENTATIVES: RESPONDENT Mr George

JUDGMENT:

His Honour: On 26 July 1988, a development application was lodged with the Strathfield Municipal Council for consent to use premises, No 29 MacKenzie Street, Homebush as a Buddhist monastery having the function of a place of religious worship and meditation and a place of education and training for lay persons and monks.

Adjoining residents were notified of the proposal by Council by letter on 4 August 1988. In response to Council's letters, approximately 25 letters of objection were received against the proposal, two in favour. Approximately 25 householders did not respond. Mr and Mrs Heath, the owners of No 27 MacKenzie Street, the property immediately to the north of the subject site, organised a petition and obtained 273 signatures from people living in 215 different properties within the municipality. The Council also received about 890 individual letters from people within the municipality who were in favour of the proposal and received a petition in favour of the proposal containing approximately 840 signatures of persons said to be within the municipality and 64 outside.

The application was investigated and assessed by Mr Smith, Chief Town Planner, who recommended refusal for the following reasons: