The Lebanese Moslem Association v Fairfield City Council

Land and Environment Court New South Wales Amendment notes 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 1Before: 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 judgmentParties: 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 2015Judgment 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). The...