Islamic Women's Welfare Association v Canterbury City Council [2004] NSWLEC 667

Land and Environment Court of New South Wales

CITATION : Islamic Women's Welfare Association v Canterbury City Council [2004] NSWLEC 667 APPLICANT Islamic Women's Association PARTIES : RESPONDENT Canterbury City Council FILE NUMBER(S) : 10415 of 2004 CORAM: Hoffman C Appeal :- Refusal of a Community Centre Parking traffic and access Amenity impacts mainly on the other residential units on the upper floors of the building KEY ISSUES: The suitability of the site being located within a residential building Inadequate and inconsistent information provided with the application Objections

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Canterbury Local Environmental Plan No. 178 CASES CITED: DATES OF HEARING: 18/11/2004 EX TEMPORE 11/18/2004 JUDGMENT DATE :

APPLICANT Mr J Doyle, solicitor Cowley Hearn

LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 November 2004

10415 of 2004 Islamic Women's Welfare Association v Canterbury City Council

JUDGMENT 1 This was a Class 1 Appeal, No. 10415 of 2004 between the Islamic Women's Welfare Association and Canterbury City Council in regard to the refusal of the Community Centre in Unit 4 and 180 Haldon Street, Lakemba. It had originally been refused due to the impact of noise on other residential apartments in the building and because of supposedly inadequate parking for the expected up to 25 attendees on site at any one time.