Pederson & Anor v Parramatta City Council [2007] NSWLEC 61

Land and Environment Court of New South Wales

CITATION : Pederson & Anor v Parramatta City Council [2007] NSWLEC 61

APPLICANT Patrick and Patricia Pederson PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10644 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Continuation of use of a brothel / swingers club, BCA compliance, amenity of area.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 9/11/2006, 8/01/2007, 19/01/2007, 1/02/2007 and 9/02/2007

DATE OF JUDGMENT: 12 February 2007

APPLICANT Mr M. Baird, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Matincowitz, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

12 February 2007

10644 of 2006 Patrick and Patricia Pederson v Parramata City Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for the continuing use of a brothel and swingers club at No. 18 Ferndell Street, Granville.

2 This proposal had previously been assessed by the Land and Environment Court and on appeal, a conditional development consent was granted on 24 April 2005 subject to the conditions including: 2. This consent is given a period of twelve (12) months only. A further development consent must be obtained to extend the use beyond this period. 3 On 13th June 2006 Development Application 485/2006 was lodged with Parramatta City Council for the continued operation of the brothel and swingers club approved by the Court. The applicant also sought approval for clients to be served complimentary drinks and to bring their own drinks such as wine to the premises for their consumption. The development application was publicly notified by Council on two occasions resulting in two letters of objection. One of the objection letters relates to multiple development applications and is irrelevant to the development proposed for the subject property.