Crosseyed Management Pty Ltd v Parramatta City Council [2013] NSWLEC 53

Land and Environment Court New South Wales

Medium Neutral Citation: Crosseyed Management Pty Ltd v Parramatta City Council [2013] NSWLEC 53 Hearing dates: 17 April 2013 Decision date: 17 April 2013 Jurisdiction: Class 1 Before: Craig J Decision: 1. Order that the operation of the order made by the Council on 30 January 2013 under s 121B(1) of the Environmental Planning and Assessment Act 1979 requiring that Crosseyed Management Pty Limited cease use of premises known as 22A Hunter Street, Parramatta for the purpose of a brothel, be stayed until determination of proceedings in the Court numbered 13/10135 or until 30 June 2013, whichever event should first occur. 2. By consent, both in these proceedings and in proceedings numbered 13/10135, vacate the directions hearing listed for 23 April 2013. 3. Direct that these proceedings, together with proceedings numbered 13/10135, be listed before the Registrar for directions and the fixing of a hearing date on Friday 19 April 2013. Catchwords: PRACTICE AND PROCEDURE - stay of order under s 121B of the Environmental Planning and Assessment Act 1979 - order requires cessation of use of premises as a brothel - stay sought pending determination of a development appeal in respect of the premises - consent sought for use as a brothel - former consent to that use had expired - use continuing - matters relevant to exercise of discretion - grant of development consent for the present use recommended by Council staff - no claim of environmental harm from continued operation of brothel - stay order granted but limited in time Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Sansiro Group Pty Ltd v Parramatta City Council [2010] NSWLEC 1065 Category: Procedural and other rulings Parties: Crosseyed Management Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: G B Newport (Applicant) C P Zoppo (solicitor) (Respondent) Law & Planning (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 10136 of 2013