Thornpast Pty Limited v Parramatta City Council [2004] NSWLEC 520

Reported Decision : 137 LGERA 409

Land and Environment Court of New South Wales

CITATION : Thornpast Pty Limited v Parramatta City Council [2004] NSWLEC 520 APPLICANT: Thornpast Pty Limited PARTIES : RESPONDENT: Parramatta City Council FILE NUMBER(S) : 10550 of 2004 CORAM: Pain J KEY ISSUES: Question of Law :- Whether clause in Regional Environmental Plan operates as a development standard or prohibition. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 4 Sydney Regional Environmental Plan No 28 - Parramatta, cl 17(2)(c) Georgakis v North Sydney Council (2004) NSWLEC 123; Penny & Anor v Cooma-Monaro Shire Council (2003) 125 LGERA 353; CASES CITED: North Sydney Municipal Council v P D Mayoh Pty Ltd (No 2) (1990) 71 LGRA 222; Strathfield Council v Poynting (2001) 116 LGERA 319; Quinn O'Hanlon Architects Pty Ltd v Leichhardt Municipal Council (1989) 68 LGRA 114 DATES OF HEARING: 15/09/2004 DATE OF JUDGMENT: 09/16/2004

APPLICANT: Mr S. Berveling (barrister) instructed by Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: Mr J. Johnson (barrister) instructed by Storey and Gough Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PAIN J

16 SEPTEMBER 2004

10550 of 2004 THORNPAST PTY LIMITED v PARRAMATTA CITY COUNCIL

JUDGMENT 1 Her Honour: Thornpast Pty Limited ("the Applicant") has commenced Class 1 proceedings appealing against the decision of the Council to refuse its development application for consent to use the ground floor of an existing building at 105 George Street, Parramatta ("the building") as a brothel. The land is zoned "City Core" under the Sydney Regional Environmental Plan No 28 - Parramatta ("the SREP"). The parties have asked the Court to determine the following preliminary question of law before the Applicant's appeal is heard: (a) Whether the proposal is prohibited by virtue of cl 17(2) of the SREP.