House of Peace Pty Ltd v Bankstown City Council

House of Peace Pty Ltd (the applicant) sought judicial review of a decision by Bankstown City Council (the respondent) to refuse development consent for the use of a property as a mosque. The applicant contended that the proposed use as a mosque fell within the existing lawful use of the land as a "place of public worship" as defined in the relevant environmental planning instrument. The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the proper construction of the term "place of public worship" in the context of the Environmental Planning and Assessment Act 1979 (NSW) and the relevant local environmental plan. Specifically, the Court had to determine whether a mosque constituted a church for the purposes of the planning instrument, and whether the use of dictionaries was an appropriate tool for interpreting such terms in planning law.

The Court of Appeal, in allowing the appeal, reasoned that the term "place of public worship" should be interpreted broadly and inclusively. Their Honours considered that a mosque, as a place where Muslims gather for prayer and religious observance, fits within the ordinary meaning of a place of public worship, analogous to a church. The Court affirmed that dictionaries could be a legitimate aid in construing terms within planning instruments, provided they were used appropriately to ascertain the ordinary meaning of words. The Court found that the Council had erred in its restrictive interpretation of the planning instrument.

The appeal was allowed, and the matter was remitted to the respondent for determination according to law.