Burwood Council v Iglesia Ni Cristo (No 2) [2019] NSWLEC 159

Burwood Council v Iglesia Ni Cristo (No 2) [2019] NSWLEC 159

The current use of the premises by Iglesia Ni Cristo, particularly the increased frequency and extension of hours of services compared to the modest historic use as at 3 February 1986, constitutes an enlargement of the existing use. Development consent is required for this expanded use, and relief is granted to restrain the present use beyond historic parameters until such consent is obtained. Orders are suspended for three months to allow Iglesia to obtain consent.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Class 4 Civil Enforcement Proceedings / Principal Judgment
Outcome
Declaration of enlargement and grant of consequential injunctive relief, with execution suspended for three months; costs reserved.
Legal Topics
['existing Use Rights' 'place of Public Worship' 'use of Land' 'enlargement and Intensification of Use' 'development Consent']
['planning and Environment Law'] ['existing Use Rights' 'place of Public Worship' 'use of Land' 'enlargement and Intensification of Use' 'development Consent']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Principal Judgment

Legal Issues

  1. 1 ['Whether the current use of the premises as a place of public worship constitutes an enlargement, expansion or intensification of the historic existing use requiring development consent under the Environmental Planning and Assessment Act 1979 (NSW)' 'How to properly characterise the existing use and whether the current use falls within that genus' 'Whether declaratory and injunctive relief should be granted']

Ratio Decidendi

The current use of the premises by Iglesia Ni Cristo, particularly the increased frequency and extension of hours of services compared to the modest historic use as at 3 February 1986, constitutes an enlargement of the existing use. Development consent is required for this expanded use, and relief is granted to restrain the present use beyond historic parameters until such consent is obtained. Orders are suspended for three months to allow Iglesia to obtain consent.

Court Disposition

Declaration of enlargement and grant of consequential injunctive relief, with execution suspended for three months; costs reserved.

Orders

  • ['Declare that the premises at 10 Daisy Street, Croydon Park NSW 2133 may be used as a place of public worship (including for religious instruction and religious training) one day a week, for occasional religious days of significance, and for funerals and weddings.' 'Iglesia Ni Cristo is restrained from using the...