Global Organisation for Divinity v Parramatta City Council (No 3) [2011] NSWLEC 1377

Land and Environment Court New South Wales

Medium Neutral Citation: Global Organisation for Divinity v Parramatta City Council (No 3) [2011] NSWLEC 1377 Hearing dates: 28 November 2011 Decision date: 28 November 2011 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. The application to modify the approval by the Land and Environment Court for a meditation centre and associated parking at 44 Oakes Rd Winston Hills is approved by: 2.1 The deletion of the introductory paragraph to deferred commencement condition 1 and its replacement with the following introductory paragraph: In accordance with section 80(3) of the Environmental Planning and Assessment Act 1979, this consent is not to operate until the person with the benefit of the consent satisfies the Council, by 2 July 2012 as to the matters set out below. 2.2 New condition 1A that states: 1A Following issuing of any operative consent of the site, physical commencement must occur in accordance with the requirements of Section 95(4) of the Environmental Planning and Assessment Act by April 2016. Should physical commencement not occur by 1 April 2016, the consent shall lapse. Reason: to provide certainty to the community as to when physical commencement occur. Catchwords: MODIFICATION APPLICATION: appeal against time for satisfaction of deferred commencement conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Global Organisation for Divinity v Parramatta City Council [2011] NSWLEC 1027 Category: Principal judgment Parties: Global Organisation for Divinity (Applicant)