APPLICANT Mr P. Rigg, solicitor of Deacons Lawyers
RESPONDENT Mr M. Pearce of Baulkham Hills Shire Council
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
6 August 2008
10442 of 2008 New Century Developments Pty Limited v Baulkham Hills Shire Council
JUDGMENT
1 This is an appeal against the refusal by Baulkham Hills Shire Council of a development application under the Environmental Planning and Assessment Act 1979. The application seeks to change the hours of operation, the number of people and the use of lighting imposed as conditions of consent for a Place of Public Worship at 165 Annangrove Road, Annangrove. The application was approved by the Court on 30 July 2003 in Appeal No 11083 of 2002 (New Century Developments v Baulkham Hils Shire Council [2003] NSWLEC 154).
2 The applicant is seeking to increase the hours of operation essentially from 9.45 pm to 10.30 pm. Prayer services would cease by 10 pm and only a maximum of 30 people could remain on the premises till 10.30 pm for private prayer or cleaning activities.
3 The applicant is also seeking to increase the number of occasions that 250 persons can attend services from 3 occasions per year to 10 occasions per year and to increase the maximum number of people from 120 to 150 who can attend services at other times of the year. The other main change is that on 3 of these 10 occasions a maximum of 30 people could remain for private prayer until 1.00 am.
4 The site, its context, the history of the application and the planning controls are in the Statement of Facts and Contentions.
5 The Court visited the site and heard evidence from residents who were concerned about the current operation of the centre and that the changes sought could impact on their amenity, principally the noise that may result from people using and leaving the centre at night.
6 Mr Richard Smyth and Mr Chris King provided expert planning evidence. The only issue in dispute between these experts related to the prayer hall being open on the 3 occasions until 1.00am for private prayer for a maximum of 30 people.
7 Mr King was concerned about the potential impact on residential amenity. He sated that these concerns would be alleviated through a condition requiring the preparation of a Plan of Management and a Code of Conduct which would deal with the behaviour of people using the centre after 10 pm.
8 Mr King suggested matters that the Plan of Management and Code of Conduct should address. Mr Smyth considered that the preparation of a separate Plan of Management and Code of Conduct to be unreasonable and that relevant matters could be dealt with through conditions. I accept this position.
9 Rather than a Plan of Management and a Code of Conduct the requirements have been incorporated into additional conditions of consent which deal with issues such as the use of the front and rear car parks, turning off security lighting, the use of the rear of the allotment for over flow parking, and the conduct of attendees when leaving the premises.
10 I am satisfied that the proposed changes, with the imposition of the proposed conditions of consent, are not likely to result in adverse impacts on the amenity of the area and that the changes sought by the applicant can be approved.
11 The Orders of the Court are therefore:
1. The appeal is upheld.
2. Development Application to amend the hours of operation and number of persons using the Place of Public Worship at 165 Annangrove Road, Annangrove is approved subject to the conditions in Annexure ‘A’.
3. The exhibits except Exhibits 2, 3 and A may be returned.
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Annelise Tuor Commissioner of the Court ljr
Details
AGLC
New Century Developments Pty Limited v Baulkham Hills Shire Council [2008] NSWLEC 1324
Case
[2008] NSWLEC 1324
Decision Date
CaseChat Overview and Summary
The applicant, New Century Developments Pty Limited, sought to amend the development application for a Place of Public Worship located at 165 Annangrove Road, Annangrove. The changes sought included extending the hours of operation, increasing the number of people attending services, and altering the use of lighting. This appeal was against the Baulkham Hills Shire Council’s refusal of the application under the Environmental Planning and Assessment Act 1979. The applicant had previously succeeded in a similar appeal in 2003.
The key issues before the Court were whether the proposed changes would adversely affect the residential amenity of the area, particularly in terms of noise from attendees using and leaving the centre at night. The Court considered evidence from local residents, expert planning evidence from Mr Richard Smyth and Mr Chris King, and visited the site. While Mr King advocated for a Plan of Management and a Code of Conduct to address potential impacts, Mr Smyth argued that these matters could be managed through additional conditions of consent. The Court found that the additional conditions were sufficient to mitigate any adverse effects on residential amenity.
The Court concluded that the proposed changes, with the additional conditions of consent, were unlikely to result in adverse impacts on the area’s amenity. The appeal was upheld, and the development application was approved subject to the conditions outlined in Annexure ‘A’. The Court directed that the exhibits, except Exhibits 2, 3 and A, be returned.