Willoughby City Council v Spa & Beauty Relaxation Centre Pty Ltd [2011] NSWLEC 101

Land and Environment Court New South Wales

Medium Neutral Citation: Willoughby City Council v Spa & Beauty Relaxation Centre Pty Ltd [2011] NSWLEC 101 Hearing dates: 15 June 2011 Decision date: 16 June 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: Declarations and injunction as set out at [31] Catchwords: CIVIL ENFORCEMENT:- whether premises unlawfully used for the purpose of a brothel -non compliance with council's brothel closure order-whether use of premises as a brothel prohibited-whether provision of a planning instrument prohibiting use of premises as a brothel in relevant circumstances is a development standard amenable to objection under State Environmental Planning Policy No 1 -Development Standards-whether use of premises as a brothel constituted carrying out development without consent, or not in accordance with consent. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4, 76A, 76B, 121B, 121ZR, 123, 124 Land and Environment Court Act 1979 s 20(2) Restricted Premises Act 1943 s 2 State Environmental Planning Policy No 1-Development Standards Sydney Regional Environmental Plan No 5-(Chatswood Town Centre) cl 36B Cases Cited: Agostino v Penrith City Council [2010] NSWCA 20, 172 LGERA 380 Associated Minerals Consolidated Limited v Wyong Shire Council [1974] 2 NSWLR 681 Blue Mountains City Council v Laurence Browning Pty Ltd [2006] NSWCA 331, 67 NSWLR 672 Lowy v Land and Environment Court of NSW [2002] NSWCA 353, 123 LGERA Woolworths Ltd v Campbells Cash & Carry Pty Ltd (1996) 92 LGERA 244 Category: Principal judgment Parties: Willoughby City Council (Applicant) Spa & Beauty Relaxation Centre Pty Ltd (Respondent) Representation: COUNSEL: Mr N M Eastman, barrister (Applicant) Ms Mi Sook Kang in person (director of Respondent) SOLICITORS: Mallesons Stephen Jaques (Applicant) File Number(s): 40220 of 2011