First Choice Stress Relief v Inverell Shire Council [2005] NSWLEC 259

Land and Environment Court of New South Wales

CITATION : First Choice Stress Relief v Inverell Shire Council [2005] NSWLEC 259

APPLICANT First Choice Stress Relief

PARTIES : RESPONDENT Inverell Shire Council

FILE NUMBER(S) : 11369 of 2004

CORAM: Murrell C

Development Application :- Application for a Brothel in industrial area - surrounding land uses - streetscape - signage. KEY ISSUES:

Environmental Planning and Assessment Act 1979 Flood Plain Management Plan LEGISLATION CITED: Inverell Shire Council Development Control Plan No. 15 Inverell LEP 1988 Disorderly Houses Act Amendment

Zhang v Canterbury CC [1999] NSWLEC 209; CASES CITED: Venice Enterprises P/L v Parramatta CC 43 LGRA 67; Martyn v Hornsby SC 2004 NSWLEC 614

DATES OF HEARING: 21/03/2005, 8/04/2005, 14/04/2005, 28/04/2005 and 03/05/2005 EX TEMPORE JUDGMENT DATE : 05/03/2005

APPLICANT Mr Fox, solicitor of Abbott Pardy & Jenkins

LEGAL REPRESENTATIVES:

RESPONDENT Mr Simington, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

3 May 2005

11369 of 2004 First Choice Stress Relief v Inverell Shire Council

JUDGMENT 1 This judgment is for an appeal under section 97 of the Environmental Planning and Assessment Act against Inverell Shire Council's refusal of a development application for at brothel a the site known as Lot 5 in section 2 DP 4077 Wyndham Street, Inverell. The council determined the development application and a notice of determination dated 28 May 2004, was forwarded to the applicant. The reasons for refusal were: 1) The development will have a negative impact on the amenity of the street environment or Wyndham Street, Inverell. 2) The development will have a significant impact on the public interest and social environment of the locality. 3) The development is not compatible with existing land use in the locality. 4) Non-conformity with locality restrictions as set out in DCP No. 15. 2 On 21st March the hearing commenced at the Inverell Court House and the Court carried out a site inspection. The Court also had the benefit of hearing evidence from a number of objectors to the proposal. 3 At the beginning of the proceedings the council presented to the Court consent orders; that is the council no longer raised any issues. The consent orders became exhibit 1 and the council attached a number of conditions that it sought to impose and the applicant did not raise any objection.