FRG Developments Pty Ltd v Bankstown City Council [2010] NSWLEC 1228

Land and Environment Court of New South Wales

CITATION : FRG Developments Pty Ltd v Bankstown City Council [2010] NSWLEC 1228

APPLICANT FRG Developments Pty Ltd PARTIES : RESPONDENT Bankstown City Council

FILE NUMBER(S) : 10363 of 2010

CORAM: Morris C

KEY ISSUES: DEVELOPMENT APPLICATION :- Brothel

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Bankstown Local Environmental Plan 2001

CASES CITED: New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154

DATES OF HEARING: 12 August 2010

DATE OF JUDGMENT: 20 August 2010

Mr M Baird, Barrister LEGAL REPRESENTATIVES: instructed by Mr S Miller Mr A Seton, Solicitor Marsdens Law Group

JUDGMENT: - 24 -

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Morris C

20 August 2010

10363 of 2010 FRG Developments Pty Ltd v Bankstown City Council

JUDGMENT 1 COMMISSIONER: This is an appeal made under s97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Bankstown Council (the council) to grant consent to Development Application 2 The issues raised in the case are whether the site is suitable for the intended use and if the proposal is in the public interest.

The site

3 No. 7 Birmingham Avenue, Villawood is located on the eastern side of the roadway and is irregular in shape with an area of 3374 square metres. It is within the Villawood industrial area, an area characterised by a range of industrial and warehouse buildings used for a variety of purposes. 4 An access to the Villawood Immigration and Detention Centre is available from Birmingham Street approximately 150 metres to the north of the site.