Hills Awqaf Pty Ltd v The Hills Shire Council (No 2)

[2022] NSWLEC 1158

Land and Environment Court

New South Wales

Medium Neutral Citation:

Hills Awqaf Pty Ltd v The Hills Shire Council (No 2) [2022] NSWLEC 1158

Hearing dates:

13-16, 27 September 2021

Date of orders:

28 March 2022

Decision date:

28 March 2022

Jurisdiction:

Class 1

Before:

Gray C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) The development application (1867/2018/JP) for the demolition of existing structures and the construction of a place of public worship with associated basement parking and landscaping works at 1 Larapinta Place, Glenhaven, is determined by the grant of consent subject to the conditions in Annexure A.

Catchwords:

APPEAL – development application – place of public worship – directions made in earlier decision for Plan of Management, Traffic Management Plan and conditions to be updated – directions complied with – final orders made

Legislation Cited:

Environmental Planning and Assessment Regulation 2000 cl 55

Cases Cited:

Hills Awqaf Pty Ltd v The Hills Shire Council [2022] NSWLEC 1103

Category:

Consequential orders

Parties:

Hills Awqaf Pty Ltd (Applicant)
The Hills Shire Council (Respondent)

Representation:

Counsel:
M Staunton (Applicant)
A Seton (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2020/61406

Publication restriction:

No

Judgment

1. COMMISSIONER: In a judgment given on 24 February 2022, Hills Awqaf Pty Ltd v The Hills Shire Council [2022] NSWLEC 1103, I gave a decision on an appeal concerning a development application for the construction of a place of public worship at 1 Larapinta Place, Glenhaven.

2. In that decision, I found that the proposed development “is acceptable having regard to the absence of adverse impacts, the objectives of the zone and the character of the area” (at [5]). I found that “any change in character brought about by the proposed development is acceptable in the context of the RU6 Transition zone in which the site is located” (at [5]). I also found that the car parking arrangements for the proposed development are satisfactory and that the intersection of Larapinta Place will continue to operate satisfactorily.

3. In the decision, I also responded to the issues raised by the community submissions, and noted that past traffic incidents along Glenhaven Road that do not relate to the relevant intersections, and the management of another place of public worship, are not relevant to the consideration of the impact of the proposed development.

4. However, I considered that some changes to the Plan of Management and the Traffic Management Plan were required prior to final orders being made for the grant of development consent for the proposed development. Those changes include amendments identified by the applicant and outlined in suggested conditions of consent, which I determined should be carried out prior to the grant of consent (rather than by way of condition), as well as an amendment to the car stacking arrangement. Similarly, the conditions of consent were required to be amended to reflect the updated Plan of Management and Traffic Management Plan, to remove the condition concerning inaudibility, and to reflect my decision that a booking system is only required for the Friday prayer service and special events. Accordingly, the directions at [146] of the judgment required the Plan of Management, Traffic Management Plan and conditions of consent, to be updated and filed with the Court.

5. In accordance with the terms of those directions, the parties have filed the Plan of Management and the Traffic Management Plan, both of which have also been uploaded to the NSW Planning Portal, consistent with the requirements of cl 55 of the Environmental Planning and Assessment Regulation 2000 (which continues to apply to the development application, notwithstanding its repeal by the Environmental Planning and Assessment Regulation 2021). Updated conditions of consent have also been provided.

6. I am satisfied that the development application should now be granted, subject to the conditions of consent that have been provided, which require the development to be carried out in accordance with, inter alia, the updated Plan of Management and the updated Traffic Management Plan.

7. The Court orders that:

1. The appeal is upheld.

2. The development application (1867/2018/JP) for the demolition of existing structures and the construction of a place of public worship with associated basement parking and landscaping works at 1 Larapinta Place, Glenhaven, is determined by the grant of consent subject to the conditions in Annexure A.

……………………….

J Gray

Commissioner of the Court

Annexure A (528072, pdf)

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