Jewish Learning Centre Limited v Waverley Council [2017] NSWLEC 1276

Jewish Learning Centre Limited v Waverley Council [2017] NSWLEC 1276

The child care application satisfied each requirement of cl 5.10(10), subject to amending the Schedule of Conservation Works to include timeframes and imposing conditions requiring compliance, because approval would facilitate conservation of the heritage item, the proposal was supported by heritage management documents, necessary conservation works could be secured by consent conditions, the works would not adversely affect heritage significance or setting, and expert evidence established no significant adverse amenity impact. The synagogue application was also acceptable because heritage impacts were not materially different from those found acceptable for the child care application,...

Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Class 1 Development Application Appeals / Principal Judgment; Directions for Filing Conditions Consistent With Findings
Outcome
Directions for filing conditions consistent with findings
Legal Topics
['development Applications' 'child Care Centre' 'place of Public Worship' 'heritage Conservation Incentives' 'traffic and Parking Impacts' 'noise Impacts' 'amenity Impacts' 'co Location of Uses']
['planning and Environment Law' 'heritage Conservation'] ['development Applications' 'child Care Centre' 'place of Public Worship' 'heritage Conservation Incentives' 'traffic and Parking Impacts' 'noise Impacts' 'amenity Impacts' 'co Location of Uses']

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Procedural Posture

Class 1 Development Application Appeals / Principal Judgment; Directions for Filing Conditions Consistent With Findings

Legal Issues

  1. 1 ['Whether the child care centre, although prohibited in the SP2 Educational Establishment & Place of Public Worship zone, could be approved under the heritage conservation incentive provisions in cl 5.10(10) of Waverley Local Environmental Plan 2012.' 'Whether the child care centre would adversely affect the heritage significance of the heritage item or the amenity of the surrounding area.' 'Whether the synagogue, religious and community education use and ancillary dormitories should be approved having regard to intensification of use, unauthorised works, heritage significance, noise, traffic and parking.' 'Whether the child care centre and synagogue uses could operate together on the same site in an acceptable manner.']

Ratio Decidendi

The child care application satisfied each requirement of cl 5.10(10), subject to amending the Schedule of Conservation Works to include timeframes and imposing conditions requiring compliance, because approval would facilitate conservation of the heritage item, the proposal was supported by heritage management documents, necessary conservation works could be secured by consent conditions, the works would not adversely affect heritage significance or setting, and expert evidence established no significant adverse amenity impact. The synagogue application was also acceptable because heritage impacts were not materially different from those found acceptable for the child care application,...

Court Disposition

Directions for filing conditions consistent with findings

Orders

  • ['Time is to be given to the parties to provide conditions which address the scenario where both proposed uses can be approved.' 'The timing of the conditions and any plans will be discussed with the parties when the interim findings are handed down.']