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ARTICLE · 01 JUNE 2018

Development application for a synagogue refused due to inadequate security assessment of a terrorist threat

The Court found that a more sophisticated assessment was required to address potential threats to safety and security.

AustraliaReal Estate and Construction

In brief

The case of Friends of Refugees of Eastern Europe v Waverley Council [2017] NSWLEC 1404 concerned an appeal commenced in the Land and Environment Court of New South Wales against the Waverley Council's decision to refuse a development application for the demolition of synthetic tennis courts and ancillary buildings, and the construction of multiple dwellings, an underground car park and a Jewish synagogue.

The key issues before the Court were whether the site was unsuitable to accommodate the proposed synagogue because of potential risks to future users and the general public, and whether the proposed development appropriately responded to the context and character of the existing residential streetscape.

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