Afgan Community Support Association v Blacktown City Council [2008] NSWLEC 1357

Land and Environment Court of New South Wales

CITATION : Afgan Community Support Association v Blacktown City Council [2008] NSWLEC 1357

APPLICANT Afgan Community Support Association PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10216 of 2008

CORAM: Tuor C

KEY ISSUES: Development Application :- demolish an existing church and construct a two-storey mosque with basement parking whether adequate parking provided on site

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Blacktown Local Environmental Plan 1988 Blacktown Development Control Plan 2006

DATES OF HEARING: 04/07/08

EX TEMPORE JUDGMENT DATE : 4 July 2008

APPLICANT Mr Rigg, solicitor of Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr C Drury, solicitor of DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

4 July 2008

10216 of 2008 Afgan Community Support Association v Blacktown City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Blacktown City Council (the council) of the Development Application (066/180) to demolish an existing church and construct a two-storey mosque over basement parking at 15 Fourth Avenue, Blacktown (the site).

2 The key issues between the parties is whether adequate onsite parking is provided and whether the overshadowing was aceptable. The site and its context 3 The site is located on the corner of Fourth Avenue and Prince Street. It is rectangular in shape with an area of 969 square metres. It is occupied by a fibro-clad timber church which has been used as a place of public worship for 45 years and as a mosque since 1998. The building has a worship area of 135 square metres. There are out buildings on the site and two unapproved outdoor covered areas, which are also used for worship by the mosque.