Islamic Association of Prospect v Blacktown City Council [2019] NSWLEC 1494

Land and Environment Court New South Wales

Medium Neutral Citation: Islamic Association of Prospect v Blacktown City Council [2019] NSWLEC 1494 Hearing dates: 30 September 2019; 1 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely on the amended plans referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-16-04996 for demolition of existing structures and site preparation works and the construction of a place of public worship associated civil works, parking and landscaping at 420 Blacktown Road, Prospect (Lot 25 DP14084 and Lot 261 DP792897) subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Place of public worship – traffic impacts – driveway access – pedestrian safety – drainage – public interest Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Cases Cited: Rahma Islamic Assoc of Australia Inc v Fairfield City Council [2011] NSWLEC 1362 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Dickinson Property Group Pty Ltd v Wollondilly Shire Council [2019] NSWLEC 1220 Texts Cited: Blacktown Council Development Control Plan 2015 Environmental Protection Authority, 'Industrial Noise Policy for Industry' (2017) Category: Principal judgment Parties: Islamic Association of Prospect (Applicant) Blacktown City Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Seymour (Respondent)