Rahma Islamic Assoc of Australia Inc v Fairfield City Council [2011] NSWLEC 1362

Land and Environment Court New South Wales

Medium Neutral Citation: Rahma Islamic Assoc of Australia Inc v Fairfield City Council [2011] NSWLEC 1362 Hearing dates: 9, 10 November 2011 Decision date: 16 December 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Preliminary findings Catchwords: Development application: Place of worship - consistency with zone objectives, integration into neighbourhood, noise, traffic/parking, visual impact. Legislation Cited: Fairfield Local Environmental Plan 1994 Fairfield Development Control Plan 2006 Cases Cited: Dipper v Pittwater Council [2006] NSWLEC 273 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Futurespace Pty Ltd v Ku - Ring - Gai Council [2009 NSWLEC 153 Category: Procedural and other rulings Parties: Rahma Islamic Association of Australia Inc (Applicant)

Fairfield City Council (Respondent) Representation: Counsel Mr A Galasso SC (Applicant)

Mr A Pickles (Respondent) Solicitors Mr M Sonter (Applicant)

Ms P Hudson (Respondent) File Number(s): 10589 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the use of an existing structure as a place of worship (mosque) and residence on a consolidated battleaxe lot at Railway Street and Kay Streets, Old Guildford. These uses have been operating for a period and the council has identified the following contentions: * Noise impacts * Adequacy of onsite car parking * Consistency with zone objectives, particularly integration with the neighbourhood * Visual impacts