NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sansiro Group Pty Ltd v Parramatta City Council [2010] NSWLEC 1065
APPLICANT Sansiro Group Pty Ltd PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10811 of 2009 and 10897 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- brothel, access/parking, security, plan of management, building certificate
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta City Centre Local Environmental Plan Parramatta City Centre Development Control Plan 2007
Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 CASES CITED: Krausman v Parramatta City Council [2004] NSWLEC 503 Huang v Parramatta City Council [2009] NSWLEC 1401
DATES OF HEARING: 1 March 2010 and 3 March 2010
DATE OF JUDGMENT: 29 March 2010
APPLICANT: Mr G Newport (barrister) SOLICITOR Law & Planning LEGAL REPRESENTATIVES:
RESPONDENT: Mr P Marincowitz (solicitor) SOLICITOR Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
29 March 2010
10811 of 2009 10897 of 2009 Sansiro Group Pty Ltd v Parramatta City Council
JUDGMENT Background. 1 These proceedings involve the following 2 appeals that the paries agreed be heard concurrently: Appeal No 10811 of 2009: An appeal against council's refusal of a development application for the intensification of an approved sex services premises located at No 35 Macquarie Street, Parramatta. Appeal No 10897 of 2009: An appeal against council's refusal to issue a Building Certificate relating to associated building works at No 35 Macquarie Street, Parramatta. 2 It was also agreed by the parties that the determination of merits of the development application would effectively enable resolution of the Building Certificate appeal. 3 The contentions identified by council are summarised as follows: The adequacy of car parking provision. Compliance with the DCP controls concerning safety/security. Social impact/public interest. Unauthorised works.
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