Prajna Monastery Australia Incorporated v Georges River Council [2018] NSWLEC 1258

Land and Environment Court New South Wales

Medium Neutral Citation: Prajna Monastery Australia Incorporated v Georges River Council [2018] NSWLEC 1258 Hearing dates: 21-22 May 2018 Date of orders: 01 June 2018 Decision date: 01 June 2018 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application DA2017/0384 for demolition of existing structures and construction of a place of worship being meditation hall and monastery and associated parking at 14 Wright Street Hurstville is refused consent. (3) The exhibits are returned except for Exhibits B, C and 3. Catchwords: DEVELOPMENT APPLICATION: place of public worship, traffic, amenity, plan of management Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Development Control Plan No 1 (Amendment No 5) Hurstville Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index): BASIX 2004 State Environmental Planning Policy No 55 – Remediation of Land 2004 Cases Cited: Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Prajna Monastery Australia Inc v Georges River Council [2016] NSWLEC 1272 Category: Principal judgment Parties: Prajna Monastery Australia Incorporated (Applicant) Georges River Council (Respondent) Representation: Counsel: L Saw, Barrister (Applicant) H Irish, Barrister (Respondent)