Vic mosque opponents launch appeal

An appeal against the construction of a mosque in Bendigo should not be allowed to go ahead because there is no legal basis for it, lawyers say.

Opponents of the mosque want to appeal a ruling by the Victorian Civil and Administrative Tribunal that upheld council approval on the grounds the tribunal misinterpreted its legislated duties and failed to consider the social and economic effects of the mosque.

"The tribunal ignored its powers, has disregarded its responsibility ... of ensuring parliament's express mandatory considerations," Peter King, counsel for the opponents, told the Court of Appeal in Melbourne on Friday.

But lawyers for Greater Bendigo City Council and the Australian Islamic Mission say the residents have no grounds to appeal the mosque's construction.

The appeal proper appears to be somewhat conflated, Marita Foley, counsel for Bendigo council, told the hearing.

The application for appeal also appears to misunderstand the VCAT's role in assessing the social impact of proposed projects, she says.

The tribunal did not fail to consider the social impact as alleged by the opponents, but rather the residents failed to substantiate the social effects they claimed would arise from the mosque.

Using an analogy, Ms Foley said people can claim noise impact but they need to establish this with evidence.

Opposition to the mosque is not based on planning issues or questions of law, said counsel for the Australian Islamic Mission.

"The matters that were raised ... all go to the choice of practise of religion," said lawyer Chris Townshend.

The Court of Appeal justices have reserved their decision.