Islamic Sheikh Albani Incorporated v Fairfield City Council (No 2)

[2024] NSWLEC 1238

Land and Environment Court

New South Wales

Medium Neutral Citation:

Islamic Sheikh Albani Incorporated v Fairfield City Council (No 2) [2024] NSWLEC 1238

Hearing dates:

21-22 February 2024

Date of orders:

08 May 2024

Decision date:

08 May 2024

Jurisdiction:

Class 1

Before:

Dixon SC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to development application no. DA 371.1/2021 for the use of an existing industrial building for the purpose of a place of public worship for a maximum of 27 persons (including staff), and associated alterations and additions at 20 Justin Street, Smithfield, subject to the conditions of consent in Annexure A.

(3) The exhibits are returned except for A, B, C, D, G, 2, 5, 6 and 7.

Catchwords:

APPEAL – development application – change of use of an existing industrial building to a place of public worship – revised conditions of consent – final orders made

Cases Cited:

Islamic Centre Sheikh Albani Incorporated v Fairfield City Council [2024] NSWLEC 1215

Category:

Principal judgment

Parties:

Islamic Centre Sheikh Albani Incorporated (Applicant)
Fairfield City Council (Respondent)

Representation:

Counsel:
N Eastman SC (Applicant)
A Seton (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2022/330789

Publication restriction:

Nil

JUDGMENT

1. On 22 April 2024, I handed down my reasons for judgment in the Class 1 appeal, Islamic Centre Sheikh Albani Incorporated v Fairfield City Council [2024] NSWLEC 1215. At [58], I directed the parties to confer and amend the conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court.

2. As I am satisfied having reviewed the agreed conditions of consent provided on 7 May 2024 that they are acceptable, I now make the following orders:

1. The appeal is upheld.

2. Development consent is granted to development application no. DA 371.1/2021 for the use of an existing industrial building for the purpose of a place of public worship for a maximum of 27 persons (including staff), and associated alterations and additions at 20 Justin Street, Smithfield, subject to the conditions of consent in Annexure A.

3. The exhibits are returned except for A, B, C, D, G, 2, 5, 6 and 7.

……………….

S Dixon

Senior Commissioner of the Court

Annexure A (277168, pdf)

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Decision last updated: 08 May 2024