Boutros v Strathfield Municipal Council [2005] NSWLEC 605

Land and Environment Court of New South Wales

CITATION : Boutros v Strathfield Municipal Council [2005] NSWLEC 605

APPLICANT Chalita Boutros

PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 10677 of 2004

CORAM: Bly C

KEY ISSUES: Development Application :- Reception centre - definition of commercial premises - appropriate in industrial zone - existing and likely future character of area and zone - availability of suitable land in business centres

Strathfield Planning Scheme Ordinance LEGISLATION CITED: Strathfield Development Control Plan No. 27 - Industrial Development Development Control Plan No. 15 - Provisions for the Establishment of Brothels

Butros v Strathfield Municipal Council [2005] NSWLEC 76; CASES CITED: Martyn v Hornsby Shire Council [2004] NSWLEC 614

DATES OF HEARING: 5/09/2005

DATE OF JUDGMENT: 10/27/2005

APPLICANT Mr P Clay, barrister SOLICITORS Pike Pike and Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

27 October 2005

10677 of 2004 Chalita Boutros v Strathfield Municipal Council

JUDGMENT

The appeal 1 This appeal relates to Development Application No. 9899/329 which is for the demolition of a number of existing industrial buildings and the construction of a two-storey reception centre above three basement levels of car parking ("the reception centre") at 78 – 80 Cosgrove Road, Strathfield South. 2 The site is situated at the corner of Pilcher Street. It is identified as Lots 30 – 37 in DP 11432 and Lot 129 in DP 456942 and has an area of 3,584 sq m. 3 More particularly the proposal comprises: + Three reception areas (totalling approximately 3000 sq m) with associated foyers, kitchens etc. + Drop off areas and port cochere. + Basement car parking for 254 parking spaces including six disabled spaces. + Disabled access generally including a lift.