Nasser Hussein v Georges River Council [2016] NSWLEC 1548

Land and Environment Court New South Wales

Medium Neutral Citation: Nasser Hussein v Georges River Council [2016] NSWLEC 1548 Hearing dates: 22–25 August 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. DA234/2015 for a mosque at 849 King Georges Road, South Hurstville is refused. 3. The Applicant is to pay the Respondent's reasonable costs under s.97B of the Environmental Planning and Assessment Act 1979 for assessment of the amendments to the application, as agreed or assessed. 4. The exhibits, except Exhibits L and 3, are returned. Catchwords: DEVELOPMENT APPLICATION – mosque; place of public worship in residential area; substantial community opposition; amenity impacts, car park operation; plan of management Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Kogarah Local Environmental Plan 2012 Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC315 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC1218 Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC1247 Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC1056 Category: Principal judgment Parties: Nasser Hussein (Applicant) Georges River Council (Respondent) Representation: Counsel: Mr Clay (Applicant) Ms Duggan (Respondent)