The Lebanese Moslem Association v Fairfield City Council [2015] NSWLEC 1570

Land and Environment Court New South Wales

Medium Neutral Citation: The Lebanese Moslem Association v Fairfield City Council [2015] NSWLEC 1570 Hearing dates: 8-9 September 2015. Final conditions based on Building Code of Australia report filed on 7 December 2015. Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraph 64 Catchwords: DEVELOPMENT APPLICATION: alterations and additions for place of public worship. Intensification of use, adequacy of parking, impact of noise on residential amenity and compatibility with zone objectives. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Fairfield Local Environmental Plan 2013 Cases Cited: Ashfield Municipal Council v Armstrong [2002] NSWLEC 269 Heathcote Gospel Trust v Sutherland Shire Council [2013] NSWLEC 1051 Minister for Natural Resources v New South Wales Aboriginal Land Council & Ors (1987) 9 NSWLR 154 Rahma Islamic Assoc of Australia Inc v Fairfield City Council [2011] NSWLEC 1362) Category: Principal judgment Parties: Lebanese Moslem Association (Applicant)

Fairfield City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Mr M Sonter of Gadens (Applicant)

Mr A Seton of Marsdens Law Group (Respondent) File Number(s): 10025 of 2015

Judgment 1. The Lebanese Moslem Association (applicant) is appealing, under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act), against the deemed refusal by Fairfield Council (council) of development application DA 581.1/2013 (Development Application) for alterations and additions to an existing building used as a place of public worship (mosque) at 20-22 Water Street, Cabramatta West (site). 2. The key issues in dispute between the parties are whether the proposal: 1. is an intensification of the use of the site; 2. provides adequate parking; 3. will result in noise that will impact on residential amenity; and 4. is compatible with a low density residential environment.