Minto: Court’s judgement on prayer stoush between Campbelltown Council, Australian Muslim Welfare Centre

A legal row over the use of a Muslim welfare centre in Sydney’s south west has come to a head after a council claimed the site was attracting huge crowds that used the site as a place of public worship.

A legal row over the use of a Muslim community centre in Sydney’s southwest has come to a head after a council claimed the site was attracting huge crowds that used the site as a place of public worship.

The Australian Muslim Welfare Centre in Minto has lost a court appeal against Campbelltown Council after it imposed an official ‘stop use’ order that prohibited the centre from being used as a place of public worship.

However the centre has already taken action with a rezoning proposal for the site which would reclassify the land as a place of public worship.

The ‘stop use’ order was in response to a council investigation that alleged the site’s permitted use as a community facility was “continually” being breached by attracting up to 300 people.

The Australian Muslim Welfare Centre in Minto.

To support its claims, the council captured photos and body-worn camera footage from council compliance officers which showed hundreds of cars parked around the centre including during night time periods and instances of around 100 men observed in a ‘praying position’ outside the building.

Anisul Afsar, the president of the welfare centre, refuted claims the centre had become a place of public worship.

He said practising Muslim had an obligation to pray five times a day.

“So at prayer time people pray wherever they may be but that doesn’t mean we’re operating as a place of public worship. We’re not a mosque, we don’t have preaching, we’re a community centre,” he said,

“If you’re a practising Muslim it’s your obligation to pray – it doesn’t matter if you’re at a place of public worship, a park, or a function or community centre.”

Prayers at the centre. Picture: Australian Muslim Welfare Centre Facebook page

Mr Afsar – in his submissions to the court – compared the centre to airports and schools which can also offer chapels and prayer services.

He said this did not “transform those establishments into places of public worship”.

Land and Environment Court commissioner Nicola Targett – who handed down her judgement this week – agreed with the council’s issuing of the ‘stop use’ order.

Residents living near the centre say cars are often parked in surrounding streets.

Neighbours captured cars parked in streets.

She said evidence had shown the premises was being used as a place of public worship primarily due to the “significant numbers of people that attend the premises at various times for the dominant purpose of public worship”.

“At these times, there is a significant use of the premises that is not subsumed within the community facility use,” she said.

“It is clear that any use of the premises as a place of public worship must stop under the order”.

Despite the legal loss, the centre is pushing ahead with a separate rezoning proposal for the site which would reclassify the land as a place of public worship.

The rezoning proposal was considered by councillors at a meeting last week and has been referred to the NSW Department of Planning which will be tasked with assessing the proposal.

The council’s order was originally due to come into force in last year but was extended until the court appeal was finalised.

The Australian Muslim Welfare Centre has around 1500-plus members and also runs programs including social gatherings, youth-focused events and charity fundraisers.