Willoughby City Council v Chen [2014] NSWLEC 92

Land and Environment Court New South Wales

Medium Neutral Citation: Willoughby City Council v Chen [2014] NSWLEC 92 Hearing dates: 3 July 2014 Decision date: 03 July 2014 Jurisdiction: Class 4 Before: Sheahan J Decision: The Court: (1)Declares that the respondent has not complied with Order 2497 issued by the applicant on 22 February 2013 to cease using the Premises, as a brothel or for any related sex uses ("Brothel Closure Order") and, accordingly, is in breach of the Environmental Planning and Assessment Act 1979 ("EPA Act"). (2)Orders that the respondent immediately comply with the Brothel Closure Order. (3)Declares that the respondent has carried out development in breach of sections 76A and/or 76B of the EPA Act being the use of the Premises as a brothel where such use: (a)up to and including 30 January 2013 was prohibited by clauses 7J(2)(c) and 36B of the Sydney Regional Environmental Plan No 5 (Chatswood Town Centre) and section 76B of the EPA Act; and (b)from and including 31 January 2013 was prohibited by the Land Use Table of the Willoughby Local Environmental Plan 2012. (4)Orders that the respondent, by her employees, servants or agents be restrained from using, causing or permitting the use of the Premises; (c)as a brothel; or (d)for related sex uses. (5)Orders that the respondent pay the applicant's costs of these proceedings. (6)Exhibit W1 may be returned to Council. Catchwords: CIVIL ENFORCEMENT: Brothel and sex uses at premises without consent - use and advertising prohibited - Council's closure order disobeyed - use alleged to have ceased. Legislation Cited: Environmental Planning and Assessment Act 1979 Restricted Premises Act 1943 Willoughby Local Environmental Plan 2012 Cases Cited: Willoughby City Council v Spa & Beauty Relaxation Centre Pty Ltd [2011] NSWLEC 101 Category: Principal judgment Parties: Willoughby City Council (Applicant) Xia Xia Chen (Respondent) Representation: Mr N Eastman, barrister with Ms N Hammond, barrister (Applicant) Mr J Maspero, solicitor (Respondent) King & Wood Mallesons (Applicant) James Maspero, solicitor (Respondent) File Number(s): 40184 of 2014