Iman Husain Pty Ltd v Canterbury City Council [1999] NSWLEC 178

Land and Environment Court of New South Wales CITATION: Iman Husain Pty Ltd v Canterbury City Council [1999] NSWLEC 178

PARTIES APPLICANT Iman Husain Pty Ltd

RESPONDENT Canterbury City Council

NUMBER: 10777 and 10778 of 1998

CORAM: Lloyd J

KEY ISSUES: Question of Law :- classification of use - not a question of law

LEGISLATION CITED: Land & Environment Court Act 1979 s 36(5) and s 36(6)

DATES OF HEARING: 06/30/1999

DATE OF JUDGMENT DELIVERY: 08/09/1999

APPLICANT Mr J J Bingham (Solicitor) SOLICITORS Deacons Graham & James

LEGAL REPRESENTATIVES: RESPONDENT Mr D Officer QC AND Mr J A Ayling (Barrister) SOLICITORS Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND Matter Nos: 10777/10778 of 1998 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 9 August 1999

IMAN HUSSAIN LIMITED Applicant v

CANTERBURY CITY COUNCIL Respondent

JUDGMENT

Background

1. On 3, 4 and 5 May 1999 a Commissioner of the Court heard an appeal under the Environmental Planning & Assessment Act 1979 against the respondent's refusal of a development application for a development described as an Islamic centre. The matter comes before me for the determination of a question of law referred by the Commissioner of his own motion pursuant to s 36(5) of the Land & Environment Court Act 1979 (" the Court Act "). The question posed by the Commissioner is: Whether or not the proposed use as a cultural centre is permissible within the 2(a) zone under the Land Use Table to clause 22 of the CPSO, having regard to the definitions under clause 4 of the CPSO.