Hillsong Church Limited v Council of the City of Sydney

Hillsong Church Limited appealed against the decision of the Council of the City of Sydney to refuse a development application to use Unit 2, 138-196 Bourke Road, Alexandria as a place of public worship. The application was denied on the basis that it did not comply with the relevant zoning provisions. The appeal was heard in the Land and Environment Court of New South Wales. The primary issue before the court was whether the proposed use of the property as a place of public worship constituted a permitted use under the existing zoning regulations. Additionally, the court had to determine if there were any exceptional circumstances that would warrant an approval despite the zoning non-compliance.

The court examined the zoning provisions and found that the property was zoned for industrial use. However, it noted that the zoning regulations provided for certain permitted uses within an industrial zone, including places of public worship. The court further considered the nature of the proposed use and its impact on the surrounding area. It found that the proposed use was not inconsistent with the character of the area and would not lead to significant adverse impacts. The court also highlighted the importance of accommodating religious activities in a diverse community. Based on these findings, the court concluded that the application should be approved.

The appeal was upheld, and the development application was approved subject to certain conditions outlined in Annexure A. The exhibits were returned, except for exhibit 14. The applicant was ordered to pay the respondent's costs incurred up to 31 August 2011. This decision underscores the importance of balancing zoning regulations with the need to accommodate religious activities within a community, and the court's willingness to consider exceptional circumstances in such cases.