I V Trading Pty Limited v Parramatta City Council [2010] NSWLEC 1170

Land and Environment Court of New South Wales

CITATION : I V Trading Pty Limited v Parramatta City Council [2010] NSWLEC 1170

APPLICANT I V Trading Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10504 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- use of premises for a brothel - absence of authority from the Owners Corporation for works in the common area - the appropriateness of the location - impacts on the amenity of adjoining and nearby properties and on the neighbourhood - the impact on the character of the area

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Parramatta Local Environmental Plan 2001 Parramatta Development Control Plan for Sex Services and Restricted Premises

DATES OF HEARING: 28,29 April 2010

EX TEMPORE JUDGMENT DATE : 30 April 2010

APPLICANT Mr G Green, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

30 April 2010

10504 of 2009 I V Trading Pty Limited v Parramatta City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA/910/1008 by Parramatta City Council (the council) to use Unit 7/3 Sutherland Street Clyde for a brothel (the site). The proposal 2 The proposal provides for the internal fit-out of Unit 7 to include two car parking spaces and one disabled space, entry lobby and disabled workroom at the ground level. An additional three car parking spaces are located directly outside the unit. A first floor mezzanine forms part of the proposed development and provides six workrooms, reception, waiting rooms, landing, toilet facilities and manager's office. 3 The brothel was originally proposed to operate seven days per week, 24 hours per day, although Mr Green, on behalf of the applicant, proposed that the operating hours be reduced to 6pm to 7am, seven days per week. The brothel will have a maximum of six sex workers present at any one time, a part-time receptionist/manager and a part-time cleaner.