The Sabian Mandean Association in Australia Limited v Wollondilly Shire Council - [2010] NSWLEC 1079

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION: The Sabian Mandean Association in Australia Limited v Wollondilly Shire Council [2010] NSWLEC 1079

PARTIES:
APPLICANT
The Sabian Mandean Association in Australia Limited
RESPONDENT
Wollondilly Shire Council

FILE NUMBER(S): 10134 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Place of Public Worship - Site suitability, flooding, river impacts, traffic, visual impacts, acoustics, public interest.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
State Environmental Planning Policy No. 55 – Remediation of Land
Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River
Wollondilly Local Environmental Plan, 1991
Development Control Plan No. 7 – Off Street Car Parking
Development Control Plan No. 36 – Development in Rural Areas
Wollondilly Agriculture Development Control Plan
Wollondilly Agricultural Lands Development Control Plan

DATES OF HEARING: 29 October 2009, 30 October 2009 and 30 March 2010

EX TEMPORE JUDGMENT DATE: 30 March 2010

LEGAL REPRESENTATIVES:
APPLICANT
Mr C Gough (solicitor
SOLICITOR
Storey & Gough
RESPONDENT
Mr A Seton (solicitor)
SOLICITOR
Marsdens Law Group

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

30 March 2010
10134 of 2009 The Sabian Mandean Association in Australia Limited v Wollondilly Shire Council

This determination was given extemporaneously
and has been edited prior to publication

JUDGMENT

Background

1 This appeal was lodged against Council’s refusal of a development application proposing the establishment of a place of public worship, with associated works at 60 Bents Basin Road, Wallacia.

2 The initial proposal was for:

3 In refusing the application, a number of issues were identified and a considerable number of objections were lodged against the application.

4 Following the consideration of these matters, the applicant has provided significant amendments to the proposal, in particular, reducing the scale of the works to now accommodate a maximum number of 100 people.

5 The final amendments now incorporate the following changes:

6 These substantive amendments have been accompanied by further detailed technical assessments, which has resulted in the parties agreement to Consent Orders.

7 Notwithstanding this, the amended plans were re-notified and this attracted a number of objections. Consequently these objections have been considered in conjunction with the original objections on the basis of the following contentions which were identified previously for the Court’s consideration:

8 I rely on the details contained in the Statement of Facts and Contentions in assessing the consent orders.

The site

9 The site is described as Lot 6 DP 1067758 and is an irregular shaped allotment with a site area of 20.65 hectares. The lot is severed by Bents Basin Road.

10 All of the proposed works under the development application are on that portion of the lot east of Bents Basin Road, adjacent to the river.

11 There are no existing buildings on the land.

12 The Nepean River forms the eastern boundary of the land. That part of the land located east of Bents Basin Road is entirely within the 1:100 year flood area for the Nepean River as is part of that portion of the land on the western side of Bents Basin Road.

13 The surrounding area contains a mixture of agricultural, rural residential and recreational land uses. The village of Wallacia is on the opposite side of the Nepean River to the north-east of the site.

14 Land to the north and south has similar characteristics to the subject land. The land to the east of Bents Basin Road is generally level and forms part of the floodplain while land to the west of Bents Basin Road rises to the west, often becoming heavily vegetated where the slope increases. The site is visible from a number of vantage points including from the opposite side of the Nepean River.

15 The following controls have been identified as relevant.

1. Environmental Planning and Assessment Act 1979

2. State Environmental Planning Policy No. 55 – Remediation of Land

3. Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

4.

Wollondilly Local Environmental Plan, 1991;

Clause 36

Clause 46

5

Development Control Plan No. 7 – Off Street Car Parking

6

Development Control Plan No. 36 – Development in Rural Areas

7. Wollondilly Agriculture Development Control Plan

8. Wollondilly Agricultural Lands Development Control Plan

16 The details of the reduced scale development are contained within Exhibit A. These details have been considered, together with the agreed conditions in the context of the planning controls and objections lodged.

Flooding/Water Quality

17 This was one of the major issues initially identified. However, the amended plans have re-oriented the Baptismal Pond and associated seating to conform to the natural contours of the riverbank.

18 This issue was re-assed by Mr J. Tilley, the applicant’s consulting engineer (Exhibit B). He undertook a flood assessment based on the NSW Government Flood Planning Development Manual (FDM) and noted that the land is considered to have a High Provisional Hazard based on velocity and depth criteria. From his computer modelling, be concluded:

Scour and Erosion

19 From the flood modelling, Mr Tilley considered the vegetation regime whereby he concluded that:

20 With regard to the river stability, Mr Tilley noted whilst there was some slumping of the riverbank this was classified as episodic rather than continual. Consequently he says that:

Stability of River Channel

21 With respect of the potential stability issues, Mr Tilley said that:

a) It is difficult to accurately predict bed scour because of the complex nature of erosion and the large number of variables involved. The method adopted is the approach recommended by Richardson and Davis [1995] and Austroads [1994], in which the ratio of flow depths upstream of the constriction and at the constriction is considered as a function of the discharge and riverbed width upstream of the constriction and at the constriction. The development would not encroach into the river channel and therefore the channel bed width remains constant and the estimated constriction scour becomes a function only of flood discharge.
b) As a consequence of the development no change in the velocity, quantity, or frequency of flows for floods up to and including the 5 year flood are expected and therefore there would be no change in the risk of river bank and bed instability for floods of this magnitude.
c) For floods equal to the 20 year flood and greater some small re-distribution of flow between the main river channel and the floodplain would be expected to occur. The re-distribution was estimated by comparing the hydraulic conveyance of the floodplain and river channel for the existing and post development cases.
d) Hydraulic conveyance was estimated by dividing the representative cross section of the floodplain and river channel into 17 slices and then summing the conveyance for each slice. This approach allowed surface roughness to be varied according to the existing and expected development surfaces. The slices are shown in Figure 3.3.
e) Based on the methodology adopted it is estimated that the amount of flow in the river channel [Slice 16 on Figure 3] as a fraction of the total flow would decrease by approximately 0.7% in the 100 year flood and by approximately 1% in the 20 year flood. This is due to an estimated small increase in the flood carrying capacity of the floodplain in the area of the access road and car park. The reduced surface roughness in these areas is estimated to be more than sufficient to compensate for the loss of waterway area due to the mound surrounding the amenities building.
f) Therefore, because the river channel width and velocity will not change as a result of the development, and the discharge along the main river channel is estimated to decrease slightly, no scouring of the river bed is anticipated.
g) On the basis of the investigations undertaken I am of the opinion that there is likely to be little or no change in the river bed levels. This conclusion is however based on estimates made using a simplistic analysis. A more rigorous assessment using a detailed 2 dimensional floodplain model to estimate the flood velocity and flow in the channel and across the floodplain would provide the basis for an alternative estimate of potential bed scour. However given the small change in the topography of the floodplain, and in particular the distance of the amenities building mound from the river channel [approximately 200m] I am of the opinion that further detailed modelling would not result in a different conclusion regarding the risk of bed and bank scour.
h) Based on the HEC-RAS modelling results the average river channel velocity past the development is estimated to increase from 1.44m/s to 1.48m/s [approximately 3%] for the 100 year flood discharge. The estimated change in the maximum velocity for the 20 year flood discharge is less than 0.01m/s. There is no change in the estimated maximum flood velocity in the river channel for floods smaller than the 5 year flood.
i) These velocities are relatively small and although sufficient to re-mobilise loose non-cohesive soils [eg sand], they are not considered sufficient to scour soils which are stabilised with grass. Localised eddy currents capable of scouring sandy banks can form at discontinuities in the bank profile. However no change in the bank profile is proposed as a result of the development. Within the near bank area the posts to support the shade cloth over the baptismal pond would have an effect on flood behaviour similar to small clean trunked trees. While scouring could occur around the base of the posts, it is understood that the area surrounding the baptismal pond and seating will be concrete or similar and therefore scour resistant.
j) It is difficult to make accurate predictions regarding bed scour and general channel instability, however based on my investigations I have concluded that, while there is some risk of channel instability due to a re-distribution of river flood flows arsing from the proposed -development, overall I am of the opinion that the risk of river channel bed and bank instability is negligible.

Water Management Plan

22 Mr Tilley addressed this aspect on the basis that it is intended to use rain water tanks for non-potable water supply and river water during the baptismal ceremonies.

23 A water balance model was assembled and used to confirm the reliability of the water tank supply.

24 The river water component (which is subject to the issue of a Water Licence from the NSW Office of Water) is to be an integral part of the baptismal ceremonies.

25 This involves:

³

26 Consequently an electric submervisible pump system has been designed to pump the water into a UV treatment area. The pump is described as having a capacity of up to 5L/Sec and is typically a small unit that is capable of being housed in a small soundproof house.

27 The quality of the river water was tested, indicating that satisfactory treatment could be undertaken to ensure the water quality reaches healthy standards.

Stormwater Runoff

28 The stormwater issues were dealt with on the following basis:

29 Having undertaken the detailed modelling and field tests, Mr Tilley supports the conditional approval of the applicant.

30 These modelling results & tests were reviewed by Dr M. Neave, council’s respective expert and she concluded:

^th

31 From this, Dr Neave concluded that:

“ the proposed development of a baptismal pond and its associated infrastructure adjacent to the Nepean River will, in my opinion, have only a minor impact on the geomorphic stability of the river bank and floodplain surfaces. There is a potential for localized erosion (specifically, associated with scour eddies around some of the built features) but these will not occur on the river bank itself and overall the proposal would be expected to have virtually no impact on small flows and only a minor, relatively localized, impact on larger flows. My opinions are consistent with those of Mr Tilley who has undertaken floodplain and river modeling using HEC-RAS to assess the potential impacts of the proposed structures. The modeling techniques adopted appear appropriate for the required assessments and indicate that there will be only minor impacts to floodplain and river flows in association with the development of the project. Although more advanced modeling techniques are available they are unlikely to provide more conclusive information on the impacts of the proposed baptismal pond and its associated structures.”

32 Considering then that the parties have come to an agreement on these technical flooding/drainage/water quality issues, there are no questions for the Court to answer. I have however reviewed the evidence on the aforementioned basis, because the expert assessment addresses most matters raised by the objectors. However I do not consider there is any substantive evidence to overturn the parties agreement.

Traffic/Access

33 The other substantive issue concerned the suitability and safety of the access arrangements to the development site. There are two main components comprising:

34 The overall access arrangements were assessed by Mr C Hallam, the Council’s consultant traffic expert, and Mr B Chen, the applicant’s consultant traffic expert.

35 Intersection: The intersection of Bents Basin Road with Silverdale Road imposes a significant constraint because it is classified as a “Traffic Black Spot”. Whilst this classification obviously indicates a significant accident history, there was no enlightenment as to what the “Federally Funded Black Spot Project” actually meant. The Council apparently does not have funds or a program to upgrade this intersection.

36 It was agreed by the traffic experts that there would be an increase in traffic as result of the new development and this would further exacerbate the traffic intersection safety risk.

37 Insofar as the incremental traffic increase from the development is relatively small, nevertheless Mr Hallam was firmly of the opinion that an auxiliary left turn lane in Silverdale Road should be provided. He initially considered that a proportional cost-sharing arrangement would be reasonable. However, in the absence of complementary public funds for this identified “Traffic Black Spot”, the applicant has agreed to upgrade this intersection to a standard agreed by the traffic engineers.

38 Bents Basin Road: This road is constructed as a basic rural road with variable width pavement of 5 – 6 metres, with open swales adjacent to the shoulder.

39 Whilst it was considered desirable to widen this pavement and improve the shoulder, Mr Hallam concluded that the small change to traffic volumes arising from the development did not justify the full expense of this upgrade to be borne directly by the developer.

40 Consequently. the parties have agreed that the existing road be maintained as access for the development and that a full driveway and intersection be constructed to the car park.

41 Having inspected the site and in the absence of any substantive challenge, I accept that this agreement is reasonable in the circumstances.

Visual Impacts

42 This issue was initially raised by the Council and supported by a number of the residents and objectors.

43 However, a visual assessment of the amended proposal was undertaken by Dr Turrissi - consultant planner. This was undertaken in the following two parts.

“Baptism Pond

Carpark/Amenities Building

44 Consequently Mr Turrissi supports the development application. I note that the Council has imposed conditions regarding the colour and form of the shades and other structures to ensure their compliance with the environment. Considering the council’s agreement to the consent orders, I do not consider the revised proposal merits refusal on the grounds of adverse visual impacts.

Acoustic Impacts

45 This issue is of particular concern for the neighbours, particularly the noise of pump motors and infrastructure and any PA system.

46 The acoustic issue was addressed by Mr P Georgiou from Hegges Acoustic Consultants. His assessment concludes.

47 Consequently these conclusions have been incorporated as performance based conditions in the agreed conditions of consent. In the circumstances where there is no issue between the parties, I rely on Mr Georgiou’s conclusion.

Objections

48 This amended development application was notified and it attracted a number of further objections which when considered with the original objections identify a number of issues about the suitability of this site for the development and its compatibility with neighbourhood.

49 However, I note that this type of development is permissible within the zone, subject to satisfactory environmental impacts.

50 The parties have made submissions that all of the objections have been considered, resulting in the Council agreeing to consent orders. No submission has been put to the Court that the objections would merit the refusal of the application.

51 Instead, comprehensive conditions have been imposed and agreed. They include:

52 Also the maximum number of vehicles is to be limited to no more than 74 on any day.

53 When ceremonies are to be held, all persons attending are to pre-book, the appropriate numbers are strictly checked and adhered to.

54 Overall, the site is to operate in accordance with a plan of management (POM) that the Council is satisfied with.

55 I note that some concerns were expressed about future expansion of the development, however the extent of the current consent is restricted by the conditions and any change would be subject to merit assessment.

56 Based on the limited submissions presented to the Court, I have relied on the aforementioned details and I am satisfied that the consent orders should be made.

___________________

R Hussey

Commissioner of the Court

Annexure ‘A’

Conditions of Consent

The Sabian Mandaean Association In Australia Limited

v Wollondilly Shire Council

DEFERRED COMMENCEMENT

This is a “Deferred Commencement” consent that is granted subject to a condition under section 80(3) of the Environmental Planning and Assessment Act 1979 (“EP&A Act”) that the consent is not to operate until the applicant satisfies Wollondilly Shire Council (“Council”) as to the matters set out in schedule A below. The period within which the applicant must produce evidence to the Council sufficient enough to enable it to be satisfied as to those matters is two years from the date of grant of this consent.

If the applicant produces evidence to the Council within the period specified sufficient to enable the Council to be satisfied as to the matters set out in schedule A below and the Council notifies the applicant in writing that it is satisfied as to the relevant matters, the development consent shall become operative from the date specified in the notice subject to compliance with the conditions set out in Schedule B below.

SCHEDULE A

(A). A water licence shall be obtained from the NSW Office of Water for the pumping of water from the Nepean River and a copy provided to Wollondilly Shire Council.

SCHEDULE B

These conditions are imposed to ensure that the development is carried out in accordance with the conditions of consent and the approved plans to Council’s satisfaction.

1.1 Development Consent is granted to establish a place of public worship comprising the construction of a baptismal pond, amenities, ceremonial walkway, earthworks, drainage culverts, car parking and landscaping at Lot 6, DP 1067758, 60 Bents Basin Road, Wallacia.

1.2 The development must be carried out in accordance with the following plans except where varied any other condition of this consent:

Drawing Title Drawing No Revision Prepared by Revision Date

Site Plan DA100 C Boddam Whetham Architects 14/09/2009

Amenities Building Roof Plan DA101 C Boddam Whetham Architects 19/11/2009

Amenities Building Plan DA102 C Boddam Whetham Architects 19/11/2009

Baptismal Pond Plan DA103 E Boddam Whetham Architects 19/11/2009

Bulk Excavation Plan DA104 D Boddam Whetham Architects 14/09/2009

Baptismal Pond Section DA201 D Boddam Whetham Architects 19/11/2009

Baptismal Pond East and West Elevations DA202 D Boddam Whetham Architects 19/11/2009

Site Sections DA301 E Boddam Whetham Architects 14/09/2009

Perspective Views DA400 B Boddam Whetham Architects 19/11/2009

Bents Basin Road Perspectives DA401 A Boddam Whetham Architects 19/11/2009

Landscape Concept Plan LCP01 D Leuchars Partners 30/06/2009

Where there is any inconsistency between these plans the construction shall proceed in accordance with the more recent plan.

1.3 The development must be carried out in accordance with the following reports, except where varied by other conditions of this consent:

Statement of Environmental Effects prepared by GAT & Associates Amended July 2009
Amended Plan of Management dated 31 March 2010, annexed to these conditions of consent. (Annexure A1)
DA Acoustic Assessment prepared by Heggies Pty Ltd dated December 2007and as amended 25 July 2008

Report on flooding and fluvial geormorphology prepared by Cardno Willing dated 3 December, 2009.
Those aspects of the report on flooding and water quality that relate to water quality in the report prepared by Cardno Willing dated 3 July 2009.
Geotechnical Investigation Report prepared by Geotechnique Pty Ltd dated 13 December 2007
Landscape Design Statement prepared by Leuchars Partners Landscape Architecture dated 12 December 2007.

Where there is any inconsistency between reports or between reports and plans the more recent plan/report shall prevail.

These conditions have been imposed to ensure that the development is carried out in accordance with the requirements of other Approval Authorities:

2.1 The Attached General Terms of Approval issued by the Department of Water & Energy dated 18 February 2008 form part of this consent. (Annexure A2)

2.2 The Attached General Terms of Approval issued by the NSW Rural Fire Service dated 7 February 2008 form part of this consent. (Annexure A3)

These conditions have been imposed to ensure the conservation of heritage items.

3.1 Should any historical relics be discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW shall be informed in accordance with section 146 of the Heritage Act 1977.

3.2 Should any Aboriginal relics be discovered on the site during excavation, all excavation or disturbance of the area is to stop immediately and the National Parks and Wildlife Service is to be informed in accordance with Section 91 of the National Parks and Wildlife Act 1974.

These conditions have been imposed to ensure that the appearance/construction of buildings and structures satisfies the aims and objectives of Wollondilly Local Environmental Plan, 1991 and the relevant Development Control Plans and Policies and satisfy statutory requirements.

4.1 All site facilities shall comply with AS1428.1 2001 in respect of accessibility for disabled persons. Prior to the issue of any Construction Certificate under the Environmental Planning and Assessment Act, 1979, certification of compliance with this condition prepared by a suitably person must be provided to the Principal Certifying Authority and a copy submitted to Council.

4.2 Sanitary and other facilities must be provided in accordance with the deem-to-satisfy provisions of the Building Code of Australia.

4.3 Any warning system alarms shall comply with AS2220-1989 “Emergency Warning and Inter communication System for Buildings.”

4.4 The shade sail cloth is to be olive green or wheat in colour.

4.5 All paving, concrete or other sealed surfaces including the ceremonial walkway and the car park shall be of an earthy colour and shall not be plain white. Details of the colour and texture of finishes shall be provided to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.

4.6 The shade sails shall be designed so as to be fully retractable. They shall be extended prior to the congregation of people around the baptismal pond and retracted once the majority of people have left the area of the pond. Other than for the purposes of cleaning, the shade sails shall remain retracted on any day where there will not be any baptisms occurring.

4.7 Prior to the issue of any construction certificate, sufficient information must be forwarded to the Principal Certifying Authority illustrating compliance with the relevant provisions of the Building Code of Australia.

4.8 All power and services within the site shall be underground.

These conditions have been imposed to reduce the risk and implications of flooding for development works that are carried out in flood affected areas within the Shire.

5.1 Prior to issue of the Construction Certificate, a report by a suitably qualified and experienced engineer shall be submitted to the Principal Certifying Authority, indicating that the proposed structures can withstand the likely conditions experienced during the 1% AEP flood without suffering significant damage.

5.2 The subject land is subject to flooding and as such, any construction may be inundated by flood waters during periods of flooding. Accordingly, all building work shall be provided with adequate flood proofing.

5.3 Prior to the commencement of occupation of the development a Flood Response Plan shall be prepared in consultation with the SES and submitted to Wollondilly Council for approval. The Flood Response Plan shall cover aspects including:

These conditions have been imposed to ensure that all construction work is undertaken to an approved standard and in accordance with related approvals.

6.1 Construction shall not commence, nor any earthworks or placement of site sheds, prior to the issue of a Construction Certificate by the Principal Certifying Authority.

6.2 Unless written approval to vary the hours of work is granted by Council, all construction/building work shall be restricted to between 7.00am and 5.00pm Mondays to Fridays (inclusive) and between 8.00am to 1.00pm Saturdays. Construction works are prohibited on Sundays and Public Holidays.

6.3 Excavated area/s adjacent to the building shall be retained and drained to prevent the subsidence of the excavation and/or entry of surface water to the building. Where the retaining wall exceeds 600mm in height, plans and specifications of the retaining wall shall be submitted and approved before construction commences, and where the height exceeds 1m in height, a certificate prepared by a suitably qualified Structural Engineer shall be submitted with the plans and specifications.

6.4 Toilet facilities are to be provided during construction, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. These facilities are to be provided prior to the commencement of any works and:

(a) Must be a standard flushing toilet; and
(b) Must be connected to an accredited sewage management facility approved by the Council, or to some other sewage management facility approved by the Council.

In this condition:

Accredited sewage management facility means a sewage management facility to which Division 4 of Part 2 of the Local Government (General) Regulation 2005 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 41 of the Regulation.

Approved by the Council means the subject of an approval in force under Division 4 of Part 2 of the Local Government (General) Regulation 2005.
Sewage Management Facility has the same meaning as it has in the Local Government (General) Regulation 2005.

These conditions have been imposed to ensure that developments within the Shire are of a standard which is both safe and acceptable to Council and members of the public:-

7.1 All works are to be designed and carried out in accordance with Wollondilly Shire Council’s adopted Design Code and Construction Specification.

7.2 Engineering Design Plans for the road, parking, accesses, pathways and stormwater drainage are to be submitted to and approved by the nominated principal certifying authority, prior to issue of a Construction Certificate for any works associated with this development.

Drainage calculations are to be carried out in accordance with “Australian Rainfall and Runoff” published by the Institution of Engineers Australia, and are to include a contoured catchment diagram and delineation of flow paths for storms of average recurrence interval of 1:100 years (1% AEP) where appropriate.

7.3 A “Traffic Management Plan” that details suitable safety measures that will be implemented when ever work is being undertaken in the public road reserve shall be submitted to Council. The safety precautions are to be in accordance with the requirements of the RTA’s “Traffic Control at Work Sites” manual. The plan is to be prepared and endorsed by a person with current RTA certification and provided to the Principal Certifying Authority before issue of Construction Certificate for development. Where it is proposed to restrict speeds, the RTA requires that all applications for Directions to Restrict speed (DTR) for work on any Council road by developers and their contractors be submitted to the RTA.

These conditions have been imposed to ensure stormwater is appropriately managed.

8.1 Stormwater runoff from and through the property is to be appropriately managed so as to control nuisance, damage and hazard during storm events.

8.2 Stormwater runoff from all impervious surfaces on the property shall be collected and conveyed to a point suitable for integration with either the natural or constructed stormwater drainage system. A piped drainage system shall be provided to convey runoff from storms up to the 20% AEP.

9.1 Provision shall be made for vehicles to access and leave the site in a forward direction.

9.2 Twenty five (25) sealed or paved car parking spaces and access thereto shall be provided for the proposed development. Such spaces are to measure not less than 2.6m x 5.5m and 3.2m x 5.5m for disabled spaces and are to be marked on the pavement. The seal or pavers shall be of a dark or earthy coloured material.

9.3 The entire car park shall drain to the car park pollutant trap.

9.4 The access from Bents Basin Road shall be a minimum 6.0 metres wide sealed pavement with this width extending a minimum 10 metres inside the property boundary and then have a width of at least 4.0 metres to the parking area. Details for the construction of the sealed access, carparking and manoeuvring areas shall be shown on the engineering plans for approval by the principle certifying authority prior to the issue of a construction certificate.

9.5 Engineers Certification for all civil works within private property shall be provided to the principle certifying authority prior to the issue of an Occupation Certificate.

These conditions have been imposed to ensure all public road works required by the development are provided to an adequate standard.

10.1 Deleted.

10.2 Prior to commencement of occupation of the development, at the junction of the site access to Bents Basin Road, the sealed carriageway width of both Bents Basin Road and the site access shall be 6.0m. The site access shall have returns of radius 6.0m. Details shall be shown on the engineering plans.

10.3 Prior to commencement of occupation of the development, the intersection of Silverdale Road and Bents Basin Road shall be upgraded by the provision of an Auxiliary left turn lane. This shall be designed and constructed in accordance with The RTA Design Guide, section 4.8.8 Intersections At Grade. Details shall be shown on the engineering plans.

These conditions have been imposed to minimise the impact of the Development on the environment and on adjoining properties.

11.1 A Soil and Water Management Plan prepared or peer reviewed by a certified professional in erosion and sediment control (CPESC)in accordance with the requirements of the “Blue Book” (Managing Urban Stormwater, Soils and Construction, Volume 1), Landcom, 2004 shall be submitted to the Principal Certifying Authority for approval prior to the issue of any Construction Certificates for the development and prior to the commencement of any works. The Soil and Water Management Plan shall reflect and respond to the final detailed earthworks plan.

11.2 Runoff and erosion controls are to be installed in accordance with the Soil and Water Management Plan prior to the commencement of any site works and incorporate:

Diversion of uncontaminated up-site runoff around cleared and/or disturbed areas.
Containment of the down slope permitter of the cleared and/or disturbed area with a silt fence and/or other devices to prevent sediment and other debris escaping from the land.

11.3 All erosion and sediment controls shall be maintained so that they operate at maximum capacity until the land is effectively rehabilitated after completion of construction.

11.4 All disturbed areas are to be stabilised by turfing, mulching, paving or otherwise suitably stabilised within 30 days of completion.

11.5 Vehicle access is to be controlled so as to prevent tracking of sediment onto adjoining roadways, particularly during wet weather or when the site has been affected by wet weather.

11.6 Topsoil stripped from the construction site is to be stockpiled and protected from erosion until re-used during landscaping.

These conditions have been imposed to ensure the safe disposal of fill:

12.1 All filling on the site, including footpath areas, shall be compacted to not less than 95% Standard Compaction. A report on the site filling is to be submitted in accordance with Wollondilly Shire Council’s Construction Specification by an appropriately qualified Geotechnical Engineer or Soil Scientist. Such a report shall be supported by a survey plan of the site indicating the areas filled and depth of fill in relation to the lot boundaries.

12.2 There shall be no encroachment onto adjoining lands by fill placed near boundaries.

12.3 There shall be no loss of support or encroachment of fill onto adjoining lands as a result of excavation or filling within the site.

12.4 Only clean fill is to be used in regard to this development. Clean fill includes natural materials such as earth, rock and stone. Under no circumstances is any other material to be used. Building, demolition or putrescible wastes shall not be utilised. Concrete and other materials sourced from the removal of infrastructure, such as roads, are not considered to be clean fill in relation to this condition.

12.6 The person having the benefit of this consent shall provide Council with an Audit Report of any imported fill to be used in carrying out this development, prior to commencing works. The Audit Report must be carried out by a suitably qualified and practising professional.

12.7 No land filling or works shall be carried out within 40 metres of a watercourse, as defined by the Water Management Act, 2000 unless a controlled activity permit has been issued by the NSW Office of Water (within the NSW Department of Environment, Climate Change and Water).

12.8 Surface stormwater shall be controlled in such a manner that no significant alterations to existing flows onto adjoining properties occur.

These conditions have been imposed to ensure that construction works are undertaken to an approved standard.

13.1 The engineering works shall be inspected by the Principal Certifying Authority at the following stages of construction to ensure they comply with Council’s Construction Specification and associated approvals:

When drainage lines have been laid, jointed and bedded, prior to backfilling.
Prior to pouring of the drainage pits, when the formwork and steel is in place.
When roadworks have been excavated to subgrade, prior to placing of pavement.
Prior to pouring concrete to driveway/car park slabs, when formwork and steel is in place.
At practical completion of works.
At final completion of works (minimum of 12 months after date of issue of practical completion certificate).

It is the responsibility of the applicant or contractor to notify the Principal Certifying Authority when inspections are required. Failure to notify may lead to additional work being required prior to issue of inspection certificates.

13.2 Building works shall be inspected by the Principal Certifying Authority at critical stages of construction to ensure they comply with the Building Code of Australia and associated approvals. The inspections by the Principal Certifying Authority shall include:

Prior to commencement of any construction work on the site, after erosion and sediment control measures are implemented.
Footings.
Pier holes before pouring of concrete.
Steel reinforcing before pouring of concrete.
Internal drainage before backfilling.
External drainage before backfilling.
Wet area damp proofing and flashing before lining.
Structural steel work before covering.
Stormwater drainage before backfilling.
Frame work before internal cladding or lining is fixed.
Completion of the building work before occupation or use.

These conditions have been imposed to ensure that wastes are correctly stored, disposed of and controlled at all times to prevent accidents and to maintain clean and tidy premises:

14.1 A Waste Management Plan is to be submitted to the Principal Certifying Authority for approval prior to the issue of any Construction Certificate. The Waste Management Plan is to be in accordance with the provisions of Council’s Waste Minimisation and Management Guidelines and is to include both the construction and post-construction phases of the development.

14.2 All waste disposal/recycling/management shall be undertaken in accordance with the approved Waste Management Plan.

These conditions have been imposed to ensure the development and associated activities/operation are acceptable in terms of the amenity of the neighbourhood and the public interest whilst maintaining its functional operation:

15.1 The facilities constructed and approved by this consent shall only be used for Baptisms and religious purposes, and not for any residential, commercial or industrial purpose.

15.2 No temporary structures, such as marquees or tents, may be erected on the land at any time.

15.3 The use of the site shall be generally in accordance with the details contained in the plan of management.

15.4 The plan of management referred to in condition 15.3 provides that the plan of management may be altered to reflect operation changes that are introduced to overcome community issues raised as part of neighbourhood communication. No alterations to the plan of management are authorised under this consent unless they have been agreed to in writing by Wollondilly Shire Council.

15.5 The owner of the land shall appoint a “contact person” and advise Council, Wallacia Progress Association and neighbouring residents of their name and phone number prior to the issue of a Construction Certificate for this development.

15.6 The “contact person” referred to in condition 15.5 shall have full responsibility for receiving, recording and arranging appropriate action in regard to any concerns raised in regard to the development.

15.7 Prior to the issue of a Construction Certificate, a complaint handling procedure shall be prepared and submitted to Wollondilly Shire Council for approval. This procedure shall detail how any concerned residents may contact the land owner, or their representative and register any concerns and how such concerns will be recorded. In February of each year a copy of the register of concerns raised during the previous 12 months (February to January) shall be forwarded to Council. (The purpose of the timing is so that the register of concerns is forwarded to Council as close as practical to the largest event occurring on site).

15.8 As soon as possible after a change to the “contact person” is made Council and neighbouring residents must be notified of the change of details.

15.9 The premises shall be maintained in a clean and tidy state at all times.

15.10 The footpaths and road verge shall be kept clear of signs, fixtures and goods at all times.

15.11 The premises shall be constructed and operated in such a manner so as not to interfere with the amenity of the neighbourhood by reason of the emission of discharge of noise, fumes, vapour, steam, soot, ash, dust, waste water, waste water products, grit, oil or other harmful products.

15.12 The property shall be used for religious ceremonies on no more than 24 days per calendar year. All persons attending the ceremonies are not to arrive before 8.30am and must vacate the property by 3.30pm. The premises shall be only used on Sundays and the nominated specific religious holidays as follows:-

(i). Five holy days of Banjeh (five days);
(ii). Birthday of John the Baptist (one day);
(iii). New Years Eve and New Years Day (two days);
(iv). Commemoration of Noah (one day);
(v). Commemoration of the creation of Earth, Plants and Animals (one day); and
(vi). International Migrants Day (one day).

There shall be no access to the site outside of these times other than for the purposes of caretaking and maintenance.

15.13 No more than 100 persons are to attend the property on any day.

15.14 No more than 74 vehicles are to attend the property on any day.

15.15 There shall be no singing or communal prayers during the ceremonies.

15.16 The consumption of food or alcohol on the property is not permitted.

15.17 All persons attending ceremonies on the site must pre-book with the operator. The operator must ensure that no more than 100 persons and 74 vehicles attend the site on any day. No persons shall be permitted to attend the site for a ceremony if a booking has not been made.

15.18 No pumping of water may occur before 8.30am on any day.

15.19 The building/structure shall not be occupied or used until an Occupation Certificate is issued by the nominated Principal Certifying Authority.

15.20 There shall not be any use of amplified sound on the land at any time.

15.21 The filtration plant and equipment shall be located and/or treated with sound insulation, so as to not create a noise nuisance to adjoining premises.

15.22 The proposed development, shall comply with the requirements of the Industrial Noise Policy developed by the NSW Department of Environment and Climate Change (DECC) and the recommendations detailed in the Acoustic Assessment prepared by Heggies Pty Ltd dated 25 July 2008.

15.23 Signage shall be placed on the site advising drivers not to sound their horns, slam vehicle doors or create other unnecessary vehicle noise on the site or along Bents Basin Road.

15.24 The water in the baptismal pond shall be filled on the day of the ceremony and emptied on completion of the ceremony. No water is to be left in the baptismal pond overnight and/or when the site is vacated.

15.25 Appropriate security measures shall be used throughout the development. Details are to be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.

15.26 All pumps shall be tested and maintained annually and certification of the completion of the testing and maintenance shall be submitted to Wollondilly Shire Council in February of each year. The testing of the pumps shall certify that the pump still operates at its original noise volume.

15.27 If any complaints are received in regard to pump noise, or testing identify that it no longer operates at a suitable noise level, then the pump shall either be replaced or shall be housed in such a manner that is not longer creates a noise nuisance.

15.28 If a pump is chosen that uses a liquid fuel then any fuel storage shall occur off site (i.e. not on the land the subject of the development).

15.29 No advertising flags or banners or the like are approved as part of this application.

These conditions have been imposed to ensure that water quality of receiving streams and groundwater is protected.

16.1 Water quality in the baptismal pond shall be suitable for primary contact under the National Health and Medical Research Council Guidelines. Evidence of how water from the Nepean River will be treated to reach this guideline is to be provided to the Principle Certifying Authority prior to the issue of the Construction Certificate.

16.2 A water quality monitoring program is to be developed by a suitably qualified person and implemented to ensure that the water quality of the baptismal pond is suitable for primary contact. A copy of the water quality monitoring plan is to be forwarded to Council prior to the issue of the Construction Certificate. Results of the water quality monitoring undertaken shall be forwarded to Council within seven days of the applicant receiving them.

16.3 All plumbing and drainage works shall be carried out in accordance with the New South Wales Plumbing & Drainage Code of Practice and Australian Standard AS3500 except where otherwise provided in the Local Government Act 1993 and the Local Government (Approvals) Regulation, 1999.

16.4 A water quality monitoring program is to be developed by a suitably qualified person and implemented to ensure that the quality of water leaving the baptismal pond after the baptism have been completed on any particular day is not contaminated by human contact or the activities on site.

16.5 A separate application under Section 68 of the Local Government Act, 1993 for the on-site sewage management system is to be submitted to Wollondilly Shire Council for approval prior to the issue of the Construction Certificate. This application shall include details that demonstrate that the waste water will be treated to the ANZECC standard.

16.6 Septic tank construction materials shall be sufficient to withstand the forces of flood waters. Details of this shall be provided with the Section 68 application.

16.7 The electrical components of sewage management system shall be protected from flood waters.

16.8 A Downstream Defender (Model DD1200) oil and sediment trap, or other alternative device approved in writing by Council, shall be installed adjacent to the car park area. This trap shall be designed to remove pollutants including oils from water flows. The treated discharge from the treatment unit shall be discharged onto the surrounding ground using a flow spreader. All surface water from sealed or unsealed driveways, roads and car parking shall be directed to the oil and sediment trap.

16.9 The lids of all tanks associated with the effluent disposal system shall be bolted with stainless steel bolts.

16.10 A high water alarm shall be fitted in the pump-well downstream of the septic tanks.

16.11 A remote switch for the pump, operated by either telephone or internet shall be set up. A quarterly testing regime for this system shall be set up and the results provided to Wollondilly Shire Council following each test.

16.12 All soils used in conjunction with the Ecomax cells shall have a DLR of no less than 20mm/day. Certification of the provision of such soils shall be provided by a suitably qualified person prior to the revegetation of the site and prior to the release of any Occupation Certificates.

16.13 The Ecomax cells shall be covered with at least 200mm of lightly compacted light clay and thence 100mm of clay loam topsoil.

16.14 The back of the gabion wall shall be sealed with an impermeable layer (plastic or geocomposite clay liner) to stop seepage. Behind the impermeable layer an engineered drainage layer shall be installed that will drain seepage to a subsoil drainage pipe and convey it to a 30m by 0.6m by 0.9m deep absorption trench near the car park.

16.15 The Ecomax system shall be installed and operated in accordance with the “Joint Report – Onsite Waste Water Management” prepared by Mark Passfield and Greg Cartwright dated 22 October, 2009 filed in Land and Environment Court Proceedings 10134 of 2009.

These conditions have been imposed to reduce the impact of any development activity on the landscape/scenic quality through vegetation works and maintenance.

17.1 This consent does not authorise any tree removal outside of the area of the proposed earth, car park and building works.

17.2 A detailed landscape plan, drawn to scale by a person with horticultural qualifications (such qualifications must be endorsed on the plans) shall be submitted to and approved by the Principal Certifying Authority prior to the release of the Construction Certificate. This plan shall be generally consistent with the landscape concept plan prepared by Leuchars Partners Drawing No. LCP01 Issue D dated 30 June, 2009 and additionally must include the following:

(a) All existing and proposed site structures
(b) All existing vegetation
(c) Details of the method of revegetation of earthworks including mounding
(d) Location, number and type of plant species (note: species shall be locally indigenous)
(e) Details of planting procedure and maintenance
(f) Details of drainage and watering systems
(g) Three rows of Landscaping along the full length of the northern and southern boundaries of the land and along the eastern frontage to Bents Basin Road
(h) Additional planting of canopy trees in the area surrounding the baptismal pond

Any alteration to the species identified on the Landscape Concept Plan must be approved in writing by Wollondilly Shire Council.

17.3 Landscaping is to be installed in accordance with the approved Plan prior to the release of the Occupation Certificate. The landscaping must be maintained in accordance with the details provided on that Plan at all times.

17.4 During construction no trees are to be cut down, lopped, destroyed or removed unless:

The tree is located within 3 metres of an approved building, car park or earth works; or
Separate, written approval is obtained from Council.

17.5 Burning of any felled trees is not permitted.

17.6 Should any clearing of native vegetation be proposed approval must be obtained from Hawkesbury – Nepean catchment Management Authority.

These conditions have been imposed to ensure that noxious and environmental weeds on the subject land are appropriately managed.

18.1 A Weed Eradication and Management Plan is to be prepared by a suitable qualified and experienced person(s) and shall include:

a) An inventory of all Noxious and Environmental weeds on the development site and a site plan indicating the weed infestations with reference to the species and degree of infestation (i.e., low, medium, high);
b) A treatment schedule in tabulated form, specifying for each species:

i) The method of treatment (mechanical, herbicide use or cultural such as pasture improvement or grazing);
ii) The rates of application methods of all herbicide treatments;
iii) The primary control treatment to achieve a minimum 70% kill and a secondary control treatment to achieve a minimum 90% kill; and
iv) The timing of treatments.

c) An annual weed maintenance program indicating the methods to be implemented to maintain a weed-free site;
d) Details of any methods of disposal of weed material.

18.2 The primary control treatment shall be completed prior to the release of the Occupation Certificate. Certification from a suitably qualified person shall be submitted to the Principal Certifying Authority to verify that this treatment has occurred.

These conditions are imposed to ensure the adequate provision of public facilities required as a result of the development, the following conditions apply:

(1) Pursuant to Section 80A(1) of the Environmental Planning & Assessment Act, 1979, and the Wollondilly Development Contributions Plan 2005 (as amended by Ministerial Section 94E Direction dated 10 November 2006), a contribution of $10,000 shall be paid to Council.

This contribution is calculated from Wollondilly Contributions Plan 2005 on the basis of a 1% levy for non-residential development with a cost greater than $200,000.

The amount to be paid is to be adjusted at the time of actual payment, in accordance with the provisions of the Wollondilly Development Contributions Plan 2005.

These conditions are imposed as they are mandatory under the Act.

20.1 SIGNS TO BE ERECTED ON BUILDING, SUBDIVISION AND DEMOLITION SITES

(1) In accordance with Section 80A (11) of the Environmental Planning & Assessment Act, 1979, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) Showing the name, address and telephone number of the Principal Certifying Authority for the work; and
(b) Showing the name of the Principal Contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and
(c) Stating that unauthorised entry to the work site is prohibited.

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(3) This Clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

20.2 COMPLIANCE WITH BUILDING CODE OF AUSTRALIA AND INSURANCE REQUIREMENTS UNDER THE HOME BUILDING ACT 1989

(1) For the purpose of Section 80A (11) of the Act, the following conditions are prescribed in relation to a Development Consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia;
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent comments.

(2) This condition does not apply:

(a) to the extent to which an exemption is in force under Clause 187 or 188 of the Environmental Planning & Assessment Regulation 2000, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4); or
(b) to the erection of a temporary building.

20.3 NOTIFICATION OF HOME BUILDING ACT 1989 REQUIRMENTS

(1) For the purposes of Section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a Development Consent for development that involves any residential building work within the meaning of the Home Building Act 1989.
(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor; and
(ii) the name of the insurer by which the work is insured under Part 6 of that Act.

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder; and
(ii) if the owner-builder is required to hold an owner-builder permit under the Act, the number of the owner-builder permit.

(4) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under sub-condition (2) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

21. MISCELLANEOUS CONDITIONS

21.1 The applicant shall not result in an “offensive noise” as defined in the Protection of the Environment Creations Act, 1997.

Offensive noise means noise:

21.2 At all times work is being undertaken within the public road, adequate precautions shall be taken to warn, instruct and guide road users safely around the work site with a minimum of disruption.

21.3 During the course of construction, care must be taken to prevent damage to any public utility or other service and the applicant will be held responsible for any damage caused by him or his agents, either directly or indirectly. Any mains, services, poles, surface fittings etc, that require alterations shall be altered at the applicants expense and to the satisfaction of Council and the authority concerned.

21.4 A Road Opening Permit must be obtained from Council before trenching or other excavation work is undertaken within the public road reserve. It is the responsibility of each contractor and/or subcontractor to obtain such a permit. The permit must be held on site and produced when requested by a Council Officer.

21.5 A defects liability period of twelve (12) months will apply from the date of the issue of the certificate of practical completion by Council, or in the case of a public road, twelve (12) months from the registration of the road as a public road. A 10% maintenance bond or a minimum of $1,000, whichever is greater, is to be lodged in accordance with Council’s construction specification for work that is to become the property of Council.

21.6 The developer and any contractor or sub-contractor used to carry out any work authorised by or out of this approval on Council owned or controlled land, is to carry the following insurance, copies of which are to be produced to Council upon request:

Motor Vehicle Insurance (comprehensive or property damage) for all self propelled plant, as well as valid registration or RTA permit (Including CTP insurance). Primary producer’s registration is not registration for use on Public Road construction work.
Workers Compensation Insurance.
Ten Million Dollar Public Liability Insurance.

21.7 The following service providers shall be contacted before commencement of construction to establish their requirements:

Telstra (telephone)
Integral Energy (electricity)
AGL (gas)
Sydney Water (water & sewer)

21.8 The land west of Bents Basin Road shall be used for the purposes of agriculture if practicable.

ljr

Annexure ‘A1’

Conditions of Consent

The Sabian Mandaean Association In Australia Limited

v Wollondilly Shire Council

31 March 2010

Introduction

The objectives of this Management Plan are:

a) to ensure that the operation of the Baptism Pond does not create any adverse impacts to surrounding properties;
b) to ensure that there is a clear understanding as to how the site is to operate and that the relevant ministers and community leaders who run the facility consistently advise the worshipers attending of the appropriate behaviour expected on the site; and
c) to ensure an ongoing program of proactive consultation with the community, to resolve any issues which may arise through individual instances.

Background

Who are the Mandaeans?

Mandaeans are followers of John the Baptist. Around the time of the destruction of Jerusalem in A.D. 70 our ancestors fled from the Jordan Valley and ultimately settled in southern Mesopotamia, in what are now Iraq and the adjacent area of Iran. Following the catastrophe of the Islamic Conquest of Mesopotamia in A.D. 639, Muslims have persecuted Mandaeans and our Assyrian Christian cousins.

There are between 3,000 to 3,500 Mandaeans now living in Sydney. Mandaeans are peaceful, law-abiding, industrious and integrate readily into Australian society.

Mandaeans have come to Australia comparatively recently and most have done so very recently. The Mandaean community makes a contribution to the local economic community and creates employment for our fellow-Australians. But our very pressing concern is for our children. We need to impart to them strong moral values based on the teaching of John the Baptist.

Proposed Use

Baptism is the principal ceremony of the Mandaean religion. A Mandaean Baptism can only be conducted in a freshwater river. Baptism is performed to purify the person being baptised and bring the person closer to God. A Mandaean may undergo baptism a number of times.

A Mandaean baptism ceremony is not disimilar to a Christian church service. The prayers are read in a low voice at a great speed. The prayers are in Mandaean Aramaic, which few lay people understand. The prayers are not intended to edify a congregation. A few yards away from the priest the prayers are inaudible. There is no amplification and no singing. At certain points the person being baptized repeats certain words after the priest. This is done in a normal speaking voice.

The ceremony takes approximately one to four hours, depending on the occasion and the number of persons to be baptised.

Bridal couples are baptised as part of the Mandaean wedding ceremony. A wedding ceremony takes a maximum of three hours with an extra hour for any additional weddings.

According to the Ganzevra’s records, he had ten (10) weddings in the past year from 18 May 2008 to 29 March 2009. It is not the custom for friends and guests to be present for the entire ceremony. People will gradually arrive, stay some time and then go. At a wedding ceremony there will be up to seventy (70) people present at any one time.

Baptisms are performed on Sundays and on certain festival days. These festivals occur on fixed dates on the Mandaean Calendar. The Mandaean Calendar comprises twelve months of thirty days each and five supernumerary days. The year always contains three hundred and sixty-five days as there is no provision for leap years.

Accordingly the corresponding date on the Christian Gregorian Calendar will change by one day every four years.

The festivals on which baptisms are performed are as follows: -

Dehwa Dimana (birthday of John the Baptist) on 1^st Hatya, currently on 21^th May 2009;

Kenshoozahly (New Year’s Eve) on 20^th Gadia, currently 19^th July 2009;

Dehva Hanina (Little Festival) on 18^th Tora, currently 4^th November 2009;

Parwonaya or Banjch (Creation Festival) comprising five days between the end of Shombolta and the beginning of Qayna, currently 17^th to 21^st March 2009 inclusive.

In addition, children are baptised on the Sunday of the Australia Day long weekend, in order to take advantage of the warm weather. Approximately forty to fifty (40-50) children are baptised on that occasion.

At Dehwa Dimana there will be about ten to twenty (10-20) people on the site, at Kenshoozahly about fifteen (15), at Dehva Hanina about fifteen to twenty-five (15-25) and at Parwonaya about seventy to one hundred (70-100). On ordinary Sundays when there are no weddings there would be a minimum of one (1) person and a maximum of ten (10) persons at the site.

There are thirty-six (36) fixed dates on the Mandaean calendar on which religious ceremonies are prohibited. In the current year 2009, four Sundays are so affected. Apart from Kenshoozahly, no baptisms are conducted during June, July and August because it is too cold.

There are no arrangements for food while people are at the river for baptism ceremonies.

There are other Mandaean ceremonies but these are not conducted on the site. The site is solely being used for baptism.

The property shall not be used for religious ceremonies on more than 24 days per calendar year.

Site Access

Vehicle access to the site will be via Bents Basin Road.

The car park is located in front of the amenities block. Vehicles will not be permitted to access the Baptism Pond by the River site other than for emergency vehicles such as an ambulance requiring access to the Baptism Pond if required. Drop offs before any ceremony commences are permitted only for the elderly/frail. Compliance to this provision must be strictly adhered to at all times.

The gates to the site will be open on the Sunday a few hours prior to the commencement of any ceremony and then closed after the last ceremony has concluded. The site is only accessible for the approved hours in which consent has been issued. Access to the site for any other purpose is only permitted for the purpose of maintaining the property.

All persons attending ceremonies on the site must pre-book with the operator. The operator must ensure that no more than 100 persons and 74 vehicles attend the site on any day. No persons shall be permitted to attend the site for a ceremony if a booking has not been made.

The property shall be used for religious ceremonies on no more than 24 days per calendar year. All persons attending the ceremonies are not to arrive before 8.30am and must vacate the property by 3.30pm. The premises shall be only used on Sundays and the nominated specific religious holidays as follows:-

(i). Five holy days of Banjeh (five days);

(ii). Birthday of John the Baptist (one day);

(iii). New Years Eve and New Years Day (two days);

(iv). Commemoration of Noah (one day);

(v). Commemoration of the creation of Earth, Plants and Animals (one day); and

(vi). International Migrants Day (one day).

There shall be no access to the site outside of these times other than for the purposes of caretaking and maintenance.

Functionality of the Pond

The pumps associated with the pond shall not be operated before 8:30am on any day. Water will be flowing as part of the approved water management facility/circulation. At the conclusion of the ceremony the water will be released back into the River.

The caretaker of the site will ensure that the grounds are maintained in an orderly fashion with grass and shrubs clipped in an appropriate appearance. This will ensure that the property is kept tidy and all litter is to be collected at all times after each ceremony.

The ecomax septic system including filtering system of the water management facility is to be monitored and maintained to a satisfactory working order at all times.

A security management system is to be introduced should it be found that security for the premises becomes an issue. If a security system needs to be introduced then a copy of that security management plan is to be submitted to Council for their information.

All pumps are to be maintained and tested on an annual basis to ensure their efficiency and to ensure that the noise generated by these pumps meet relevant Australian Standards and the noise criteria set by the approval of this use.

Specific conditions of operation

The operators will ensure that any conditions of development approval which have been imposed, which deals with the operation of the site, are complied with at all times.

The site is only to be used for the purpose of Baptism and there are no other ceremonies which occur outside those identified as part of Baptism.

An evacuation strategy is to be made available through appropriate signage which is discreetly provided in the area of the amenities building, adjacent to the car park, which deals specifically with the issues of flooding and how people will be able to evacuate the site.

No music is to be amplified from the site. There is to be no PA system in operation from the site. The operator is to ensure that the development complies with the requirements of the Industrial Noise Policy developed by the NSW Department of Environment and Climate Change (DECC) and the recommendations detailed in the Acoustic Assessment prepared by Heggies Pty Ltd dated 25 July 2008.

The shadecloth on the sunshade structures over the seating areas near the Baptism Pond is to be retractable and should only be open at the time of the ceremony and then closed thereafter. The shadecloth is not to be left open outside of the days of the ceremony.

Neighbourhood Communication

To ensure the success of the operation, an appropriate discreet sign will be located at the front entry with contact details in terms of the management of the site.

The operator shall maintain a register of concerns/complaints, which identifies the complainant, the nature of the complaint and the action undertaken to address the complaint.. In February of each year a copy of the register of concerns raised during the previous 12 months (February to January) shall be forwarded to Council.

Should any issues arise, we respectively seek that neighbours inform the operators in writing and that the operator provide Council on a annual basis with any correspondence it has received and that a copy of that correspondence be attached together with what actions the operators have undertaken to ensure that the level of amenity enjoyed by those surrounding properties had been retained.

The signage/contact details are to be located at the front entry.

Review of this Plan

This plan is to be reviewed on an annual basis and amended to reflect operational changes that are introduced to overcome community issues raised as part of any neighbourhood communication. Any amendment to the Plan of Management must be approved by Council.

Annexure ‘A2’

Conditions of Consent

The Sabian Mandaean Association In Australia Limited

v Wollondilly Shire Council

Annexure ‘A3’

Conditions of Consent

The Sabian Mandaean Association In Australia Limited

v Wollondilly Shire Council

Actions

Download as PDF Download as Word Document

Citations

The Sabian Mandean Association in Australia Limited v Wollondilly Shire Council [2010] NSWLEC 1079

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

8

CITATION:	The Sabian Mandean Association in Australia Limited v Wollondilly Shire Council [2010] NSWLEC 1079
PARTIES:	APPLICANT The Sabian Mandean Association in Australia Limited RESPONDENT Wollondilly Shire Council
FILE NUMBER(S):	10134 of 2009
CORAM:	Hussey C
KEY ISSUES:	DEVELOPMENT APPLICATION :- Place of Public Worship - Site suitability, flooding, river impacts, traffic, visual impacts, acoustics, public interest.
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 55 – Remediation of Land Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River Wollondilly Local Environmental Plan, 1991 Development Control Plan No. 7 – Off Street Car Parking Development Control Plan No. 36 – Development in Rural Areas Wollondilly Agriculture Development Control Plan Wollondilly Agricultural Lands Development Control Plan
DATES OF HEARING:	29 October 2009, 30 October 2009 and 30 March 2010
EX TEMPORE JUDGMENT DATE:	30 March 2010
LEGAL REPRESENTATIVES:	APPLICANT Mr C Gough (solicitor SOLICITOR Storey & Gough RESPONDENT Mr A Seton (solicitor) SOLICITOR Marsdens Law Group

Drawing Title	Drawing No	Revision	Prepared by	Revision Date
Site Plan	DA100	C	Boddam Whetham Architects	14/09/2009
Amenities Building Roof Plan	DA101	C	Boddam Whetham Architects	19/11/2009
Amenities Building Plan	DA102	C	Boddam Whetham Architects	19/11/2009
Baptismal Pond Plan	DA103	E	Boddam Whetham Architects	19/11/2009
Bulk Excavation Plan	DA104	D	Boddam Whetham Architects	14/09/2009
Baptismal Pond Section	DA201	D	Boddam Whetham Architects	19/11/2009
Baptismal Pond East and West Elevations	DA202	D	Boddam Whetham Architects	19/11/2009
Site Sections	DA301	E	Boddam Whetham Architects	14/09/2009
Perspective Views	DA400	B	Boddam Whetham Architects	19/11/2009
Bents Basin Road Perspectives	DA401	A	Boddam Whetham Architects	19/11/2009
Landscape Concept Plan	LCP01	D	Leuchars Partners	30/06/2009