Shree Swaminarayan Temple v Baulkham Hills Shire Council [2011] NSWLEC 1218

Shree Swaminarayan Temple v Baulkham Hills Shire Council [2011] NSWLEC 1218

The application fails because the Court is not satisfied that adequate arrangements have been made for the provision of electricity as required by cl 45(1)(b) of the LEP; the arrangements are contingent, based on assumptions, and outside the parties' control. Furthermore, the proposed development is inconsistent with the relevant zone objectives, has unacceptable scale and amenity impacts, and fails the merit and suitability assessment under the LEP and s 79C(1) of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: Shree Swaminarayan Temple; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
02 August 2011
Procedural Posture
Appeal / Principal Judgment
Outcome
Appeal dismissed; development consent refused.
Legal Topics
Development Application, Place of Worship, Adequate Arrangements for Electricity Supply, Plan of Management, Bulk and Scale, Zone Objectives Under LEP, Traffic and Noise Impacts
Planning Law Local Government Law Environmental Law Development Application Place of Worship Adequate Arrangements for Electricity Supply Plan of Management Bulk and Scale +2 more

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Parties

Shree Swaminarayan Temple

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

Appeal / Principal Judgment

Legal Issues

  1. 1 Whether adequate arrangements have been made for the provision of electricity to the proposed development as required under cl 45(1)(b) of the Baulkham Hills Local Environmental Plan 2005
  2. 2 Whether the proposed development is consistent with the objectives of the LEP and the relevant zone objectives under clause 13
  3. 3 Whether the site is suitable for the proposed development under s 79C(1) of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The application fails because the Court is not satisfied that adequate arrangements have been made for the provision of electricity as required by cl 45(1)(b) of the LEP; the arrangements are contingent, based on assumptions, and outside the parties' control. Furthermore, the proposed development is inconsistent with the relevant zone objectives, has unacceptable scale and amenity impacts, and fails the merit and suitability assessment under the LEP and s 79C(1) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • The appeal is dismissed.
  • Development consent to Development Application 1178/2009/HA for the construction of a new building for use as a place of worship at 33 Nelson Road, Nelson is refused.