Wei v Parramatta City Council [2010] NSWLEC 1046

Reported Decision : 175 LGERA 1

Land and Environment Court of New South Wales

CITATION : Wei v Parramatta City Council [2010] NSWLEC 1046

APPLICANT Xing Xing Wei PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10826 of 2009

CORAM: Pearson C

KEY ISSUES: DEVELOPMENT APPLICATION :- Brothel

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1993 Sydney Regional Environmental Plan No 28 - Parramatta Parramatta Development Control Plan Sex Services and Restricted Premises

Newbury District Council v Secretary of State for the Environment [1911] AC 578 CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Wei v Parramatta City Council [2008] NSWLEC 1157

DATES OF HEARING: 19 February 2010

DATE OF JUDGMENT: 17 March 2010

APPLICANT Mr M Baird, barrister instructed by Mr B Barrak LEGAL REPRESENTATIVES: of Barrak Lawyers

RESPONDENT Mr P Marincowitz, solicitor of Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Pearson

17 March 2010

10826 of 2009 Xing Xing Wei v Parramatta City Council

JUDGMENT 1 Commissioner: This is an appeal pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the deemed refusal of development application DA/512/2009 seeking approval for the intensification of an approved brothel at Lot 180 DP 14244, 19 Brodie Street Rydalmere. 2 The premises have operated as a brothel with two service rooms and two sex workers pursuant to a development consent granted in consent orders by the Court in 2008: Wei v Parramatta City Council [2008] NSWLEC 1157. That consent included provision of one car space on site. In this application the applicant sought approval for three service rooms, three sex workers, and alterations to the first floor layout to divide the waiting area into two separate waiting rooms. The proposed third service room is currently used as a change room, and the application will require the installation of a shower in that room. It was apparent on the site view that the work to divide the waiting area into two separate waiting rooms has already been carried out, and leave was granted during the hearing to amend the application.