Chen v Parramatta City Council [2010] NSWLEC 1101

Land and Environment Court of New South Wales

CITATION : Chen v Parramatta City Council [2010] NSWLEC 1101

APPLICANT Hua Chen PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10705; 10706 of 2009

CORAM: Brown C

KEY ISSUES: APPEAL :- modification of existing brothel approval to increase number of sex workers from six to eight and provide internal modifications - whether conditions of consent requiring payment of fee for inspections should be imposed

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Xing Xing Wei v Parramatta City Council [2010] NSW LEC 1046

DATES OF HEARING: 21 April 2010

EX TEMPORE JUDGMENT DATE : 21 April 2010

APPLICANT Mr J Doyle, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey & Gough

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 April 2010

10705 of 2009 Hua Chen v Parramatta City Council 10706 of 2009

JUDGMENT 1 COMMISSIONER: These are two separate but related appeals against the decisions of Parramatta City Council (the council) in relation to an existing brothel located at 32 Berry Street, Granville (the site). The council approved the use of the site for a brothel on 11 December 2002 and has granted modifications to the approval on 20 February 2003 and 18 September 2007. 2 Appeal No. 10705/2009 is an application to modify condition 28 of Development Consent No. DA/1679/2002/B to permit an increase in the number of sex workers employed on the site at any time from six to eight. The contentions raised by the council in the Statement of Facts and Contentions for this appeal are: 1. unacceptable car parking, 2. unacceptable disabled access, 3. contributes to the proliferation of brothels, 4. the public interest, and 5. matters raised by objectors.