Global Organisation for Divinity v Parramatta City Council [2011] NSWLEC 1027

Global Organisation for Divinity v Parramatta City Council [2011] NSWLEC 1027

Development consent should be granted as the proposal is permissible under current zoning and consistent with its objectives; the prohibition of places of worship in the draft LEP is not sufficiently imminent or certain to preclude the application; acoustic and archaeological issues are satisfactorily addressed by the imposed conditions.

Jurisdiction
Australia
Judgment Date
24 January 2011
Procedural Posture
Appeal (class 1) / Judgment Following Full Hearing
Outcome
Appeal upheld; development consent granted subject to revised settled plans and conditions reflecting the terms of the decision.
Legal Topics
['development Consent Conditions' 'deferred Commencement Conditions' 'acoustic Barrier in Residential Areas' 'application of Draft Local Environmental Plan' 'heritage and Archaeological Site Management']
['planning and Environment' 'heritage Law'] ['development Consent Conditions' 'deferred Commencement Conditions' 'acoustic Barrier in Residential Areas' 'application of Draft Local Environmental Plan' 'heritage and Archaeological Site Management']

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Procedural Posture

Appeal (class 1) / Judgment Following Full Hearing

Legal Issues

  1. 1 ["Whether the draft Local Environmental Plan's (LEP) prohibition on places of worship was sufficiently imminent and certain to affect the current application" 'Acceptability and impact of conditions relating to acoustic fencing and heritage/archaeological testing' 'Appropriateness and certainty of deferred commencement conditions']

Ratio Decidendi

Development consent should be granted as the proposal is permissible under current zoning and consistent with its objectives; the prohibition of places of worship in the draft LEP is not sufficiently imminent or certain to preclude the application; acoustic and archaeological issues are satisfactorily addressed by the imposed conditions.

Court Disposition

Appeal upheld; development consent granted subject to revised settled plans and conditions reflecting the terms of the decision.

Orders

  • ['Revised plans are to be filed and settled with Council prior to issuing consent, addressing setback and privacy screens.' 'Deferred commencement condition requires archaeological test excavation with specific protocols if relics are discovered.' 'Development consent for a place of public worship and associated car...