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

The appeal is upheld and development consent granted as the revised conditions of consent provided by the parties comply with the reasons previously articulated by the Court.

Jurisdiction: Australia
Judgment Date: 08 May 2024
Procedural Posture: Appeal / Final Orders
Outcome: Appeal upheld; development consent granted
Legal Topics: ['development Application' 'change of Use' 'conditions of Consent' 'place of Public Worship']

['planning and Environment'] ['development Application' 'change of Use' 'conditions of Consent' 'place of Public Worship']

Case Brief

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Procedural Posture

Appeal / Final Orders

Legal Issues

1 ['Whether development consent should be granted for the change of use of an existing industrial building to a place of public worship' 'Whether revised conditions of consent are acceptable']

Ratio Decidendi

The appeal is upheld and development consent granted as the revised conditions of consent provided by the parties comply with the reasons previously articulated by the Court.

Court Disposition

Appeal upheld; development consent granted

Orders

['The appeal is upheld.' '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,...