Defeat in Bankstown: Court allows Islamic school

Court allows Islamic schoolImage

*  This madrassah, this Islamic indoctrination centre is imposed against the wishes of the overwhelming numbers of  residents who vehemently protested  against the destruction of their environment and their life style.

Australia is a democracy in name only: “Racism” used to smear opponents…. (but Islam is not a race…)

ONE of the biggest Islamic schools in Australia will be built in south-western Sydney after Bankstown City Council lost an appeal in the Land and Environment Court.

The decision will allow construction of a 1200-student primary and secondary school in Bass Hill, which has been fought by residents since the land was bought in 2006.

It is one of several applications for Islamic schools that have divided communities in NSW, leading to allegations that residents are using town planning arguments such as traffic to cloak racist sentiment.

Bankstown council first knocked back the proposal in 2007 after residents launched a campaign opposing the project.

The group behind the school, Al Amanah College, appealed against this decision. Last December, Senior Commissioner John Roseth of the court approved the plan to build the school on a 18,000 square metre site at Johnston Road. A child-care centre is also proposed.

Finding for the school, the senior commissioner addressed concerns raised by the council, including traffic flow, noise, ecology, the scale and design of the buildings and its social impact.

The judgement also referred to “the elephant in the courtroom” or “whether the council would have raised quite as many contentions as it did if the application had been for an Anglican school”.

At the time, Mayor Tania Mihailuk ruled out a further appeal. But after lobbying from residents and legal advice indicating there had been an error of law, the council lodged a section 56 appeal.

This was an internal appeal from a commissioner to a judge on the basis that the initial decision contained a mistake in the way that the law was applied.

The council’s legal team argued that Senior Commissioner Roseth had failed to take into account relevant provisions of the local environmental plan, including whether the development was compatible with the character of the area.

In dismissing the appeal, Justice Peter Biscoe found that the commissioner had considered the arguments raised by council and found against it on all counts.

The fact the commissioner did not refer to specific planning clauses in his judgment did not mean he had failed to take them into account, the judge said.

“In my opinion, having regard to the way the case was presented to him, the Senior Commissioner did not make any error of law, let alone an error of law that would justify intervention on appeal,” Justice Biscoe wrote in his judgment, handed down on Monday.

The court dismissed the appeal and awarded costs against the council.

A spokeswoman said the council was disappointed with the decision. “We will now be working to ensure that the development of the site does not create unnecessary impact on neighbouring residents and that the conditions of the court’s consent are strictly followed.”

The principal of the Al Amanah College, Mohamad El Dana, said yesterday: “We are very pleased with the decision because we feel like justice has been achieved. There is no reason for any fear. We will be working for the benefit of the community as a whole.”

In a separate case before the court, a Muslim group has appealed against Camden Council’s decision to refuse its application to build a $19 million Islamic school for 900 students. A decision is expected in that case within weeks.

13 thoughts on “Defeat in Bankstown: Court allows Islamic school”

  1. People should continue protests against this decision. And take these protests to the politicians and the media.

  2. A very sad day for Australia…Keep fighting. An islamic school is really a terrorist training college…this is what they are elsewhere.

  3. I’m pretty certain that they weren’t touting it as “ONE of the biggest Islamic schools in Australia” during the Development Application…Judging by the commissioner’s commnents, the decision is clearly a political one. These commissioner’s are appointed and do not have to live with the consequences of their decisions. Futher more, they are not elected and thus are not accountable to the people

    Democracy and justice have been denied to the residents of Bass Hill, this is why the APP would seek alterations to the town planning laws to allow for cultural/social impact statements – as apposed to the current and (useless) public interest clause – to give residents more control on what goes into their communities.

    In relation to the Camden issue,The Camden Advertiser did a bit of a story in relation to its battle with LEC, it quoted a spokesman from the Quranic Society how said that “The number of submissions received should not make a difference when determining whether the school was in the public interest.” If the 3,000 or so submissions against the Islamic school are not representative of the public interest, I don’t know what is. I think what he really mean was “not in the Muslim interest”.

  4. I would not like to be workman on the site if what I am thinking might happen if well to do people would act instead of merely protesting its construction.
    I would not like to be a security guard on the site if what I am thinking might happen if well to do people would act instead of merely protesting its construction.

  5. This is major defeat. but is the fight over? with the backing of so many people and organisations is there not another way forward, other than direct action as implied by eloivsdiable? is the political process exhausted?

    the control and education of the young in society means control, eventually, of all of society.

  6. Yes, give me the child for seven years and I’ll give you the pious man. The famous words of a Rabbi. Child indoctrination or child abuse just what the world needs more of, not!

  7. Kinana,
    People should realise that the fight is not over – keep applying pressure to the politicans. Give clear and precise arguments to support the case for no muslim schools. And people should not stop lobbying. It is also appropriate to seek the removal of the judges whose decisions have stamped on the wishes of the local population. With patience and intelligence the correct decisions can be recovered without any need to resort to violence.

  8. I observe, in the article, this paragraph:

    “It is one of several applications for Islamic schools that have divided communities in NSW, leading to allegations that residents are using town planning arguments such as traffic to cloak racist sentiment.”

    Islam is not a race. Islam is not a race. Islam is not a race.

    Somebody needs to hurry up and translate Le Genocide Voile, African Francophone scholar Tidiane N’Diaye’s searing overview of 1200 years of violent, mass-murderous, ruinous Arab supremacist Muslim invasion, occupation and mass enslavement (with mass castrations) of black Africa. It should kill stone-dead the idea that rational and resolute opposition to any further spread of the Arab Imperial Religion is ‘racist’.

    Anybody here in a position to present copies of Andrew Bostom’s ‘Legacy of Islamic Antisemitism: From Sacred Texts to Solemn History” to the Bankstown and Camden Shire Council libraries, and another copy to the chief clergyperson of every Anglican, Catholic, and other Christian church in the Camden and Bankstown areas?

    Revealing that modern Islam, contemporary Islam, teaches an antisemitism as vicious as, or even more vicious than, anything the Nazis went in for, might help to shoot down in flames any idea that rejecting the construction of an Islamic School (in which children will be taught to revere the Jew-hating, mass murderer of Jews, Mohammed, as ‘the perfect man’ and ‘an excellent example of conduct’, and in which they will doubtless learn by heart assorted Quranic verses that, among other things, revile Jews as ‘sons of apes and pigs’), is ‘bigoted’ or ‘intolerant’.

    Tolerating the utterly intolerable – and Islam is the world’s most intolerant, bigoted and viciously suremacist ideology – is not wisdom; it is suicide.

    Speaking as a Christian who sends my children to a standard state school, but who did part of my education in a church-run boarding school: were I living in Camden or Bankstown I would be telling the Councils and the newspapers that – I would have no objection to the construction of a Catholic/ Anglican/ Jewish/ Hindu or Buddhist school; I would not oppose the construction of a Sikh, Hindu, Buddhist or Taoist religious meeting place/ shrine; but that I would oppose Islamic schools and/ or mosques tooth and nail, since what is taught within them, is a doctrine of hate and a doctrine of perpetual war against all who refuse to bow to Mohammed or submit to Muslim Arab or pseudo-Arab despotism and to the codified violence and sadism that is sharia.

  9. islamic schools offer same maths/science education.
    these schools will be the source of reconciliation and better understanding between different faiths.
    we should celebrate this and get into a dialogue of mutual understanding and goodwill.

  10. What, like this bit of dialogue, mohamad?

    Pakistan: Christian Man Shot 8 Times For Refusing to Pay Jizya Tax….
    (Weasel Zippers)
    (pay up, or we kill you)

    Great “celebration”, eh?

  11. Thank you, Mohamed.

    Now would you please let us know where the Koran or the hadith mentions anything about “reconciliation and better understanding between different faiths?”

    Looking forward to that, thank you!

  12. Mohamed – there is NO evidence that muslims have any intention of respecting other beliefs systems. There is NO mutual understanding between muslims and others, and all dialog is conducted to gain a strategic advantage – not to learn or to accept others.

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