BANKSTOWN CITY COUNCIL v. HOUSE OF PEACE PTY LIMITED [1998] NSWLEC 248 (9 October 1998) [1998] NSWLEC 22

BANKSTOWN CITY COUNCIL v. HOUSE OF PEACE PTY LIMITED [1998] NSWLEC 248 (9 October 1998) [1998] NSWLEC 22

A development consent for a 'church' authorises use of land for Christian worship only and does not extend to Muslim worship or use as a 'mosque'. The 1954 consent for 'church' does not authorise the present use, and so the use of the land as a mosque is without consent and in contravention of the Environmental Planning & Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
09 October 1998
Procedural Posture
Class 4 Proceedings / Judgment
Outcome
Declarations granted in favour of the applicant
Legal Topics
['development Consent' 'place of Public Worship' 'statutory Construction' 'environmental Planning & Assessment Act 1979']
['planning Law' 'environmental Law'] ['development Consent' 'place of Public Worship' 'statutory Construction' 'environmental Planning & Assessment Act 1979']

Case Brief

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Procedural Posture

Class 4 Proceedings / Judgment

Legal Issues

  1. 1 ["Whether the use of land as a mosque is authorised by a 1954 development consent permitting a 'church'" "Whether the term 'church' in the 1954 consent includes 'mosque'" 'Whether the current use contravenes the Environmental Planning & Assessment Act 1979']

Ratio Decidendi

A development consent for a 'church' authorises use of land for Christian worship only and does not extend to Muslim worship or use as a 'mosque'. The 1954 consent for 'church' does not authorise the present use, and so the use of the land as a mosque is without consent and in contravention of the Environmental Planning & Assessment Act 1979.

Court Disposition

Declarations granted in favour of the applicant

Orders

  • ['Declared the current use is without consent under the EPAA.' 'Declared the respondents are using the land in contravention of the EPAA.' 'Declared the respondents’ use is not authorised by the 1954 consent for a brick church and office.' 'Ordered the respondents pay the applicant’s costs.']