The Muslim group building the Gungahlin mosque say they are relieved to see an end to the protracted legal dispute that stymied its construction for more than three years.
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When Canberra Muslim Community won approval in 2012 for the 500-capacity mosque on The Valley Avenue, it had no idea the battle to build it would last so long, president Dr Md Anisul Islam said.
Concerned Citizens Group, a small party of lobbyists described by a judge as having a "generalised hostility to the Muslim religion", managed to impede construction for years on planning grounds.
The group had been weighing up the option of appealing to the High Court, the last available avenue of appeal, but its leader indicated this week it would not pursue the matter legally any further.
Dr Islam said the CMC was very happy to hear the group's decision, and he thanked the government and members of the wider Canberra community for supporting the mosque.
"It's a big relief," he said. "The final obstacle to the long struggle ... it has reached a logical conclusion."
He also wanted to "extend a hand of friendship" to members of the Concerned Citizens Group.
The case was estimated to have cost the Canberra Muslim Community about $190,000 by November last year, although it was not involved in proceedings.
Back in August 2012, Concerned Citizens launched court action against the ACT planning authority's decision to approve the mosque, and against the authority's decision not to extend its consultation period.
Their case was based mainly on certain planning objections, including that there would be insufficient parking, traffic congestion, and excessive noise.
But it was thrown out of the ACT Supreme Court in July, with Supreme Court Master David Mossop finding Concerned Citizens had no standing to challenge the decision.
In November, Justice Richard Refshauge threw out the group's attempt to appeal Master Mossop's decision, saying their interest in the matter was no greater than that of an "intermeddler or busybody".
Concerned Citizens leader, Irwin Ross, said on Tuesday Justice Refshauge's decision left the group with no real prospect of success in further challenges.
"We felt it was a public interest thing, which a lot of people would say it is, so it's more that the judge has said certain things in his decision, so it's sort of made it cut and dry [sic] on us," he said.
As construction of the mosque continued, Mr Ross said his group would "monitor" its progress, and watch "all the other things" that are happening around the country too.
with Christopher Knaus
