Burwood Municipal Council v. C. North [1989] NSWLEC 188

Land and Environment Court of New South Wales

CITATION : Burwood Municipal Council v. C. North [1989] NSWLEC 188 APPLICANT Burwood Municipal Council PARTIES : RESPONDENT C. North FILE NUMBER(S) : 10275 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Gray v. Fairfield City Council 1987; CASES CITED: Ryde Municipal Council v. Royal Ryde Homes and Anor,(1970) 19LGRA 321; Parramatta City Council v. Shell Company of Australia Ltd, (1972) 26LGRA 25.; Minister for Aboriginal Affairs and Anor v. Peko-Wallsend Limited and Ors, 162CLR 24 DATES OF HEARING: DATE OF JUDGMENT: 05/02/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: Christine North, with the consent of the owner, made a development application to Burwood Municipal Council to use premises known as 88Parramatta Road, Croydon, for:|CF2.|PSI

"...commercial premises. Insofar as the Council seeks details of the use of the premises, they will be used for the purpose of prostitution."|CF1.|PSO

At its meeting of 26thMay, 1987 the Council rejected the said application for the reason "it would enjoin Council in an illegal act". The applicant appealed to this Court and on 22ndSeptember, 1987 Senior Assessor Jensen determined that appeal by granting development consent to the use of the subject premises for |CF2.|PSI "commercial purposes involving prostitution"|CF1.|PSO,

subject to a number of conditions.

Council appeals to this Court pursuant to s.56A of the Land and Environment Court Act 1979 ("the L.&E. CourtAct").