AMORGAS HOLDINGS PTY LIMITED v. MARRICKVILLE COUNCIL (31 July 1998) [1998] NSWLEC 6

Land and Environment Court of New South Wales

CITATION : AMORGAS HOLDINGS PTY LIMITED v. MARRICKVILLE COUNCIL (31 July 1998) [1998] NSWLEC 6 PARTIES : Applicant : AMORGAS HOLDINGS PTY LIMITED Respondent: MARRICKVILLE COUNCIL FILE NUMBER(S) : 10706 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1979 CASES CITED: DATES OF HEARING: 30-31 July 1998 EX TEMPORE JUDGMENT DATE : 07/31/1998

N/A LEGAL REPRESENTATIVES: Phillips Fox

JUDGMENT: HIS HONOUR:

1. In this matter the applicant company has been seeking a development consent to use a never before used three storey industrial commercial factory or warehouse building at 83 Marrickville Road, Marrickville, in whole or in part as a brothel. It has been disclosed during the evidence that the company also owns the cottages at 85 and 87 Marrickville Road.

2. The subject site is zoned industrial 4(a) industrial general under the Marrickville Planning Scheme Ordinance 1972 as amended. Marrickville Council Development Control Plans No 19 (regarding parking strategy) and 21 (regarding regulation of brothels) are also relevant and all three instruments have been considered in the Court's deliberations.

3. The Council rejected Development Application 110/97 for the use of the mezzanine and level 1 levels of the building for brothel purposes and the ground floor level for storage of building materials.

4. That decision having been taken on 20 May 1997 these Class 1 proceedings were commenced on 13 November 1997 to appeal against that refusal.

5. A fresh Development Application 49/98 was lodged on 16 February 1998. It sought consent to use the whole of the building as a brothel and it was notified to the neighbourhood on 18 February 1998. Only one objection was received, that being from the owners of a building and/or business opposite, largely concerned with possible impact on their property value, pressure on parking in the area, undesirable street behaviour and a fear that their female staff might be harassed in some way by people loitering near the brothel premises.