Maitland-based physician Dr Fazal Moughal has appealed to the Land and Environment Court against a council decision to refuse his application to build a place of worship at Louth Park.
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Maitland councillors learned of the action during a closed council meeting last Tuesday.
General manager David Evans told councillors at the beginning of the meeting there was a late item relating to a Land and Environment Court matter.
He said that legal matter involved the proposal for a place of worship at Louth Park and it should be discussed behind closed doors.
Maitland City Council voted unanimously at a meeting in June to reject the development application for a Muslim place of worship (which some objectors refer to as a mosque).
In the June report, council planners said the development was recommended for refusal because it would adversely impact on the character and amenity of the surrounding large lot residential area and was not considered to be in the public interest.
Councillors took less than 10 minutes to reject the plan which its planners had also recommended for refusal.
Dr Moughal was not present at that meeting and did not return Fairfax Media’s calls for comment yesterday.
Mayor Cr Peter Blackmore has declared an interest in the matter.
He told the June meeting Dr Moughal had donated to his 2012 local government election campaign.
After this week’s meeting Cr Henry Meskauskas said no date had been set for the Land and Environment Court hearing. He said council solicitors were now building their case, which he believes could cost up to $150,000.
“I really hope commonsense prevails with the Land and Environment Court decision. This is proposed for the wrong place. If he wants to so desperately build a prayer room he should buy a block of land in an area that won’t interfere with everyday lives.
“Somewhere where there is plenty of room and where the development would not disrupt the lives of people by dropping it right in the middle of residences. The plan really did not tick any of the boxes.”
Cr Meskauskas said he spoke to Louth Park residents earlier this year, all of whom were concerned about traffic, location, noise and visual impacts.
He said news of the Land and Environment Court appeal had come as a shock to some councillors.