NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Rahma Islamic Assoc of Australia Inc v Fairfield City Council (No 2) [2012] NSWLEC 1011 Hearing dates: 9, 10 November 2011, 16 December 2011 Decision date: 24 January 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA 505.1/2010 for the use of the premises at No 3 Railway Street and No 2A & 2B Kay Street, Old Guilford as a place of worship and youth centre, construction of an awning, demolition of the existing dwelling fronting Railway Street and construction of on-site car parking subject to the conditions in Annexure A. (3)The exhibits may be returned except 1, 5, 8, A, B, K and M. 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: Principal judgment 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)
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