Hillsong Church Limited v Council of the City of Sydney [2012] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Hillsong Church Limited v Council of the City of Sydney [2012] NSWLEC 1059 Hearing dates: 5,6 September 2011, 12,13,14,15 December 2011, written submissions 23 December 2011, written submissions after reopening to allow further documentation 14 March 2012 Decision date: 16 March 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application D/2011/17 for use of Unit 2, 138-196 Bourke Road, Alexandria for a place of public worship is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit 14. 4. The applicant is to pay the costs of the respondent that were incurred in respect of the assessment, and proceedings relating to the original development application the subject of the appeal up to 31 August 2011. Catchwords: DEVELOPMENT APPLICATION: use of a factory unit for a place of public worship - whether consistent with the zone objectives - immanency and certainty of draft LEP - whether inconsistent with the strategic planning direction for industrial areas - whether negative impact on the viability and operations of adjoining industrial uses by way of the traffic and parking associated with the proposed development - costs Legislation Cited: Draft Sydney Local Environmental Plan 2011 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Road Transport (Safety and Traffic and Management) Act 1999 South Sydney Local Environmental Plan 1998 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Trivest Pty Ltd v The Council of the City of Sydney [2010] NSWLEC 1273 Category: Principal judgment Parties: Hillsong Church Limited (Applicant)