Dudley mosque row settled at Court of Appeal in favors of council
- 5 November 2015
- From the section Birmingham & Black Country
A long-running dispute over the location of a new mosque has been settled by the Court of Appeal in favour of Dudley Borough Council.
The legal row centred on plans to replace Dudley Central Mosque on Castle Hill with one on land off Hall Street.The Dudley Muslim Association (DMA) bought the land from the council, but the authority wanted to buy it back
The DMA accused the council of "caving in" after protests from groups, including the English Defence League.
The three appeal judges unanimously ruled in favour of the council.
Amjid Khan from the DMA said he was "deeply disappointed" by the decision, which he claimed came from the council "caving in" after protest marches were organised by the English Defence League, and a similar group, Britain First.
He said: "We made every effort to work with the council and other leaderships to construct a modern fit-for-purpose mosque and community facility to meet the ever-growing needs of our disadvantaged community.
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"Faced with vociferous opposition from various groups, the Dudley leadership at all levels caved in. This leadership can regrettably take pride in preventing an otherwise respectful and co-operative community from fulfilling its ambition to build up-to-date premises in Hall Street."
But leader of the council, Pete Lowe, said the authority had "always acted lawfully and reasonably" in an "open and transparent scrutiny process supported by all political parties".
The legal hearings were about a contractual dispute dating back to 2005, when the council transferred the land at Hall Street to the DMA, with a clause that the land would transfer back to the council if the proposed development was not completed by the end of 2008.
Earlier this year, an offer by the DMA to pay £325,000 to settle the dispute and retain the land was rejected by the council.
The authority has acknowledged a need for a new mosque to replace the existing building in Castle Hill, which is not fit for purpose, and has said it will work with the DMA to find an alternative site.
Mr Khan said the Muslim community "will now need a period of calm reflection and consider its future progress".
The Bishop of Dudley, the Right Reverend Graham Usher has urged the local community to "move forward in the spirit of reconciliation and shared endeavour" in an attempt to find a location for the new mosque, for which "there is an urgent need".
The DMA must hand the land back to the authority in January, and was also ordered to pay the council's legal costs.
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