Prajna Monastery Australia Inc v Georges River Council [2016] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: Prajna Monastery Australia Inc v Georges River Council [2016] NSWLEC 1272 Hearing dates: 7, 8 March 2016 Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is dismissed. 2. Development Application No 2014/0978 for the use of an existing dwelling as a Buddhist monastery providing residential accommodation for 3 nuns and the construction of a meditation hall and memorial hall with basement and on-site parking at 14 Wright Street Hurstville is refused. 3. The exhibits are returned except for Exhibits 3, A, L, M and O. 4. Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay those costs of the consent authority that are thrown away as a result of the amendment of the application in the amount of $8,000.00. Catchwords: DEVELOPMENT APPLICATION: Place of worship – Buddhist monastery, meditation hall and memorial hall – Consistency with character of local area – Impacts on amenity of adjoining properties – Traffic and parking –Landscaping – Impact on heritage item Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hurstville Local Environmental Plan 2012 Cases Cited: Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Benevolent Society v Waverley Council [2010] NSWLEC 1082 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Prajna Monastery Australia Inc (Applicant) Georges River Council (Respondent) Representation: Counsel: Ms L M Saw (Applicant)