Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 1056 Hearing dates: 23-24 February 2012 Decision date: 15 March 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: place of worship, plan of management, traffic, parking, amenity, character, weight to be given to draft local environmental plan Legislation Cited: Newcastle Local Environmental Plan 2003 Environmental Planning and Assessment Act 1979 Roads Act 1993 Texts Cited: Newcastle Development Control Plan 2005 Newcastle Draft LEP 2011 Newcastle Draft DCP 2011 Category: Principal judgment Parties: Newcastle Muslim Association (Applicant)

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

Mr P Larkin SC (Respondent) Solicitors Mr M Sonter Gadens Lawyers (Applicant)

Mr M Ball Newcastle City Council (Respondent) File Number(s): 10854 of 2011

Judgment 1On 9 August 2010, the Newcastle Muslim Association lodged a development application to Newcastle City Council that proposed the demolition of an existing dwelling, construction of a place of worship and associated community facilities including a dwelling house and ceremonial funeral room and boundary adjustment. Ultimately that development application was determined by the Hunter and Central Coast Joint Regional Planning Panel (JRPP) by refusal. The Association is now appealing that decision. 2The main issues in the case are whether the application is consistent with the current and future planning controls for the site and the desired future character of locality, its scale is appropriate, the traffic and parking demands of the site would be satisfied and whether the development would have an unreasonable impact on the amenity of the surrounding neighbourhood, in particular in relation to noise. The Council did not press its contentions in relation to the adequacy of the provision for the disposal of stormwater as additional information was provided to address its concerns. The applicant had resolved the necessary consent of an owner of one of the allotments prior to the hearing addressing that contention.