Krausmann v Bankstown City Council [2013] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Krausmann v Bankstown City Council [2013] NSWLEC 1137 Hearing dates: 16 July 2013 Decision date: 26 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Modification of consent: removal of trial period to allow continuation of use of premises as a brothel Legislation Cited: Environmental Planning and Assessment Act 1979; Bankstown Local Environmental Plan 2001; Strata Schemes Management Act 1996 Cases Cited: FRG Developments Pty Ltd v Bankstown City Council [2010] NSWLEC 1228 Texts Cited: Bankstown Development Control Plan 2005 Category: Principal judgment Parties: Wei Krausmann (Applicant)

Bankstown City Council (Respondent) Representation: Mr M Baird (Applicant) Mr B Barrak Barrak Lawyers (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10250 of 2013

Judgment 1Wei Krausmann owns premises at Unit 16 No. 7 Birmingham Avenue, Villawood (site) and had the benefit of a development consent that authorised use of the site as a brothel for a trial period of 12 months. The use commenced and the trial period has expired. Krausmann lodged an application under the provisions of s96AA of the Environmental Planning and Assessment Act 1979 (EPAAct) with Bankstown City Council to modify the consent to delete the condition that provides for a 12 month trial period and allow permanent use of the site. Approval of changes to the internal layout of the premises was also proposed. The council refused the application and Krausmann is appealing that decision.