A Sydney council’s decision to refuse a development application for a Muslim prayer hall was based on irrational community fears, a judge said.
The NSW Land and Environment Court in Sydney overturned a decision by Baulkham Hills Council to refuse a development application for a Muslim worship centre in Annangrove, in Sydney’s north-west.
New Century Developments director Abbas Aly had taken Baulkham Hills Council to court in a bid to reverse the decision made in December last year.
In rejecting the application, the council said the proposed house of worship would impact on the rural-residential character of the area and cause social unrest and antisocial behaviour.
The council also said the prayer centre was “not considered to be in accordance of the shared beliefs, customs and values of the local community”.
But in his judgment Justice David Lloyd said the prayer hall would not have an adverse impact on the amenity of the area and the fears of the local residents were unfounded.
“While I recognise there is strong community opposition to the proposal and that the residents have real fears, these fears must have foundation and a rational basis, which in this case is absent,” he said.
Mr Aly disagreed that a majority of residents opposed the development, saying there were just a vocal few who were against the prayer hall being built in the area.
“I seriously believe that the council instead of listening to a loud voice should have looked at the majority of the people of what they wanted,” he said outside the court.
“(We have had) a lot of phone calls, emails, letters from Annangrove people who have been disassociating themselves from the actions of the (residents) association and welcoming us to come there.”
But resident Ruth Wilson, who has lived in Annangrove for 20 years, told reporters she did not want any intruders, Muslim or otherwise, in her community.
“I’ve got no objection to the fact that it’s a Muslim one, I just don’t want a large community coming inside our community and disrupting everything,” she told reporters.
However, Mr Aly said in the end the result was fair.
“I strongly believe that this country supports fair play and this was a fair result,” he told reporters.
“If this is what we stand by, if Australia is about fair play, it had to go this way.”
Baulkham Hills Council said it would not appeal the decision.