Bendigo mosque can be built, court rules

A controversial mosque in Bendigo can be built after a Victorian court threw out a bid to challenge the development.

A group of Bendigo residents wanted to appeal against a Victorian Civil and Administrative Tribunal decision to uphold the local council's planning approval for the mosque.

But the Court of Appeal on Wednesday found the group's grounds of appeal - that VCAT erred in its interpretation of its duties - were not "reasonably arguable".

The judgment says most objections raised by the group, led by Bendigo woman Julie Hoskin, expressed fears that granting the permit would lead to more Islamic practice, resulting in cultural change and socially objectionable behaviours.


But the judges said the objections were "overstated".

"In the absence of any objective, concrete evidence substantiating the adverse social effects the objectors submitted the mosque could have, the Tribunal acted according to law in giving the objectors' concerns little weight," the appeal court judgment says.

After the decision, Ms Hoskins told reporters she would seek more legal advice and wanted to take the matter to the High Court, according to ABC reports.

Approval for the mosque led to large protests in the regional town, with crowds travelling from around Victoria and other states to attend the rallies.

In one of the most confronting protestors, a group of men linked to the Reclaim Australia and United Patriots Front groups hacked the head off of a mannequin in front of the city's council chambers.



Protests against the planned mosques drew hundreds to Bendigo last month as anti-Islam rallies were held around the country.

The controversy has stirred division within the community, with supporters of the mosque claiming many of the opponents were agitators who had travelled from out of town to push their own agenda.

The issue also made its way to the floor of the House of Representatives in Canberra, with Victorian Labor MP Lisa Chesters calling for funding for measures to combat the radicalisation of "predominantly white men" in the Victorian regional city.

"Just like the money on the table to combat radicalisation of young Muslim youth, the same needs to be done when it comes to the United Patriots Front and Reclaim Australia," she said.