Jardine v Campbelltown City Council [2008] NSWLEC 1504

Jardine v Campbelltown City Council [2008] NSWLEC 1504

The appeal is upheld in part because, considering the local context and evidence, a limited church use with a restriction of 30 worshippers and 18 on-site parking spaces meets relevant planning controls when the shop component is deleted. Variation from strict application of the car parking requirements is justified.

Parties
Applicant: Ray Jardine; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
17 November 2008
Procedural Posture
Section 97 Appeal Under the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment on Development Application Appeal
Outcome
Appeal upheld in part
Legal Topics
Development Applications, Car Parking Requirements, Permissibility of Land Use, Development Control Plans, Variation of Planning Controls
Planning Law Environmental Law Local Government Law Development Applications Car Parking Requirements Permissibility of Land Use Development Control Plans Variation of Planning Controls

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Parties

Ray Jardine

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Section 97 Appeal Under the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment on Development Application Appeal

Legal Issues

  1. 1 Whether the development application to use an existing industrial building for a place of worship and a take-away shop should be approved
  2. 2 Whether sufficient on-site car parking is provided for the proposed use
  3. 3 Whether the proposed shop use is permissible in the industrial zone under planning instruments

Ratio Decidendi

The appeal is upheld in part because, considering the local context and evidence, a limited church use with a restriction of 30 worshippers and 18 on-site parking spaces meets relevant planning controls when the shop component is deleted. Variation from strict application of the car parking requirements is justified.

Court Disposition

Appeal upheld in part

Orders

  • The appeal in respect of No. 2 Somerset Street, Minto is upheld in part.
  • The amended development application, deleting the shop and providing for a place of worship with a maximum of 30 parishioners and 18 car parking spaces, is approved subject to specified conditions.