Shree Swaminarayan Temple v Baulkham Hills Shire Council [2011] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Shree Swaminarayan Temple v Baulkham Hills Shire Council [2011] NSWLEC 1218 Hearing dates: 9, 10 November 2010, 12, 13 April 2011, 24 May 2011 Decision date: 02 August 2011 Jurisdiction: Class 1 Before: Dixon C Decision: 1.The appeal is dismissed. 2.Development consent to Development Application 1178/2009/ HA for the construction of a new building for use as a place of worship at the property known as 33 Nelson Road, Nelson is refused. 3.The exhibits are returned accept exhibit 1. Catchwords: APPEAL - DEVELOPMENT APPLICATION - a place of worship, adequate arrangements have been made for any provision of an electricity supply that will be needed because of the carrying out of the proposed development, inadequate plan of management, bulk and scale, contrary to relevant zone objective under the LEP, traffic, noise amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Baulkham Hills Local Environmental Plan 2005 Baulkham Hills Development Control Plan Draft Hills Principal Environmental Plan Sydney Regional Environmental Plan 2000 Hawkesbury Nepean River Cases Cited: Codlea Pty Ltd v Byron Bay Shire Council [1999] NSWCA 399 Grampion Regional Council v City of Aberdeen (1984) 47 P&CR 633 Hornsby Shire Council v Malcolm 60 LGRA 429 Newton v Commissioner of Taxation (Cth) (1958) 98 CLR 1 at 7 Category: Principal judgment Parties: Shree Swaminarayan Temple (Applicant)