Wendy Wei v Holroyd City Council [2007] NSWLEC 163

Land and Environment Court of New South Wales

CITATION : Wendy Wei v Holroyd City Council [2007] NSWLEC 163

APPLICANT Wendy Wei PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 11031 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Brothel, site suitability, security

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 1991

BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399; CASES CITED: Martyn v Hornsby Shire Council [2004] NSWLEC 614; Yang v Blacktown City Council [2005] NSWLEC 282

DATES OF HEARING: 28/03/2007

DATE OF JUDGMENT: 29 March 2007

APPLICANT Mr C. Gough, solicitor of Storey and Gough LEGAL REPRESENTATIVES:

RESPONDENT Mr G. McKee, solicitor of McKee Solutions

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

29 March 2007

11031 of 2006 Wendy Wei v Holroyd City Council

JUDGMENT

Background. 1 This appeal concerns council's deemed refusal of a development application for internal alterations and additions to an existing industrial unit, which is situated at 1/181 McCredie Road, Guildford West, to enable its use as a brothel.

2 A number of issues were identified for the appeal, which can be summarised as follows: o economic and social impacts, including the cost and difficulty of obtaining public liability insurance for the strata plan, o possible adverse amenity impacts, due to the street frontage location of the subject property, o matters raised by the objectors.