Islamic Society to pursue appeal over Gold Coast mosque rejection

The Islamic Society will step up an appeal against council’s rejection of a Gold Coast mosque after a judge threw out a community group’s application to derail the proposal.

A cashed-up group called the Currumbin Residential and Light Industry Safety Committee Inc had attempted to strike out the appeal.

It launched legal action in the Planning and Environment Court alleging the Islamic Society (Salsabil Charitable Organisation Pty Ltd) had not submitted a “properly made application”.

It argued the proposal involved two parcels of land and at the time of the development application, Salsabil did not have written consent from the landowners of one block.

However, Judge William Everson found the “non-compliance” should be excused.

“There is no evidence before me which suggests that at the time the development application was lodged the appellant was aware of any of the difficulties in securing title to lot 137 which have since come to light,” he wrote in his judgment.

Judge Everson also denied a bid to have the appeal transferred to Southport.

The mosque proposal was rejected by Gold Coast City Council in September last year despite a recommendation from planning officers for approval subject to conditions.

This followed angry protests and thousands of formal objections and petition signatures.

The Islamic community, represented by Gantt Legal, is determined to push on with the appeal.

The legal battle could be an expensive one for council and ratepayers as councillors were cautioned their objections were unlikely to hold water in court.

At Council’s City Planning Committee meeting on September 10, 2014, councillors voted to accept the council officer’s recommendation for approval subject to conditions.

However, at the full council meeting on September 16, some changed their minds and the development application was refused.

The council cited issues involving community concerns, car parking and opening hours.

Under the town plan, the industrial estate the mosque was earmarked for supports development of “a place of worship”.

A Christian church currently operates in the estate, around the corner from the proposed mosque site.

The Islamic community has between 8000 and 10,000 members on the Gold Coast and previously told The Courier-Mail the Currumbin prayer centre was needed to cater for future growth.

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