Davis v Parramatta CC [2005] NSWLEC 474

Land and Environment Court of New South Wales

CITATION : Davis v Parramatta CC [2005] NSWLEC 474

APPLICANT Lyn Davis

RESPONDENT PARTIES : Parramatta City Council

FILE NUMBER(S) : 11564 of 2004

CORAM: Hoffman C

Appeal :- Refusal of consent for a brothel - proximity to sensitive uses - carparking - potential for nuisance - disable access - applicability of Council development control plan. KEY ISSUES:

Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan No. 28 LEGISLATION CITED: Parramatta Local Environmental Plan 1997 Disability Discrimination Act 1992

Pont v Hurstville [2005] NSWLEC 33; CASES CITED: Martin v Hornsby [2004] NSWLEC 614

DATES OF HEARING: 8/04/2005, 27/05/2005

DATE OF JUDGMENT: 08/04/2005

APPLICANT Mr A. Galasso, barrister of Ritchie & Castellan

LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Gough, solicitor of Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

4 August 2005

11564 of 2004 Lyn Davis v Parramatta City Council

JUDGMENT 1 This is a Class 1 Appeal 11564 of 2004 between Lyn Davis and Parramatta City Council over the refusal of consent for a brothel at No. 6 Station Street East, Harris Park. As the address might indicate the premises are opposite the Great Western Railway but not opposite the station. The station is a little to the south of this. Opposite the site and several city blocks north is only a footpath and the railway security fence. Station Street ends adjacent to the site at a L-shaped intersection with Marion Street which also ends there. A pedestrian laneway commences at that point and takes one along beside the railway southwards to the station entry and overbridge.