NSW Land and Environment Court rejects Development Application for South Hurstville Mosque
Nasser Hussein, on behalf of Nasser Holdings, lodged the Court appeal as a deemed refusal as the former Kogarah City Council had not made a determination on the DA within the legislated 40 day period after lodgment. An earlier conciliation conference held at Court between the applicant, Council and residents failed to resolve the matter.
Alternative designs submitted by the applicant during the hearing did not adequately meet the concerns of Council regarding onsite parking, traffic, and other planning implications.
In her decision, Commissioner Smithson said the ability to operate the mosque without unreasonably adversely impacting the neighbours cannot be guaranteed and this necessitates refusal.
âIn summary, the site is simply too small, too close to residential dwellings and therefore too constrained to be able to satisfactorily operate for its intended purpose, both for future worshippers using it and those who reside near it ,â she said.
Council wishes to thank Adam Seton of Marsdens Law Group, Sandra Duggan SC and local residents for their assistance with the appeal.