UMA Centre Limited v Canterbury-Bankstown Council [2018] NSWLEC 1591

Land and Environment Court New South Wales

Medium Neutral Citation: UMA Centre Limited v Canterbury-Bankstown Council [2018] NSWLEC 1591 Hearing dates: 12 July, 22 October 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for 15-19 Enterprise Avenue, Padstow, for the use of the approved prayer room in the existing community facility as a place of public worship, for the construction of car parking for 155 car spaces, for the use of structures within the building for the purpose of the community facility use, for the child minding use as set out in the Operational Plan of Management dated 19 October 2018, and for an increase in the capacity of the existing community facility use to 164 persons, subject to the conditions in Annexure A. (3) The exhibits are returned, except for Exhibits C, D, 6, 11 and 15. Catchwords: APPEAL – development application – existing prayer room within approved community facility – application for use as place of public worship – application to construct car parking spaces - traffic and parking concerns – management through Plan of Management – acoustic impact – BCA compliance – contamination – trial period Legislation Cited: Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Al Ali v Bankstown City Council [2016] NSWLEC 1044 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Bankstown Development Control Plan 2015 Category: Principal judgment Parties: UMA Centre Limited (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: S Duggan SC (Applicant)