Boers v Parramatta City Council

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Land and Environment Court


of New South Wales


CITATION: Boers v Parramatta City Council [2010] NSWLEC 1097
PARTIES:

APPLICANT
John Boers

RESPONDENT
Parramatta City Council
FILE NUMBER(S): 10765 of 2009
CORAM: Pearson C
KEY ISSUES: DEVELOPMENT APPLICATION :- Brothel
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Local Government Act 1993
Restricted Premises Act 1943
Civil Procedure Act 2005
State Environmental Planning Policy No 1- Development Standards
Sydney Regional Environmental Plan No 28 - Parramatta
Parramatta Local Environmental Plan 2001
Parramatta Development Control Plan Sex Services and Restricted Premises
CASES CITED: Boers v Parramatta City Council [2010] NSWLEC 1071
Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226
CSA Architects Pty Ltd v Woollahra Council [2009] NSWLEC 1054
Huang v Parramatta City Council [2009] NSWLEC 1401
McInnes v Wingecarribee Shire Council (1997) 10 NSWLR 660
Mirvac Homes (NSW) Pty Ltd v Blacktown City Council [2005] NSWLEC 265
O'Donnell v Woollahra Council [2009] NSWLEC 1066
Uky Huang v Parramatta City Council [2009] NSWLEC 1331
Wehbe v Pittwater Council [2007] NSWLEC 827
Wei v Parramatta City Council [2010] NSWLEC 1046
Winten Property Group Ltd v North Sydney Council (2001) 130 LGERA 79
Zhang v Canterbury City Council (2001) 115 LGERA 373
DATES OF HEARING: 31 March, 20 April 2010
 
DATE OF JUDGMENT: 

4 May 2010
LEGAL REPRESENTATIVES: APPLICANT
Mr J Doyle, barrister
Australian Town Planning Consultants 2 Pty Ltd, agent

RESPONDENT
Mr T Pickup, solicitor
Storey & Gough Lawyers


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Commissioner Pearson

      4 May 2010

      10765 of 2009 Boers v Parramatta City Council

      JUDGMENT

1 Commissioner: This is an appeal pursuant to s97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Parramatta City Council (the Council) of consent to a development application for alterations to a building and its use as a brothel and for associated outcall/escort services at 45 George Street Clyde, Lot 19 DP 612994 (the site).

2 The applicant to the Council was Mr John Boers of Boers Consulting. The applicant nominated in the Class 1 application to the Court was Ms Uky Huang. At the commencement of the hearing and on the application of Mr Doyle who appeared for the applicant, I granted leave pursuant to s64 of the Civil Procedure Act 2005 to amend the application to change the name of the applicant so that these proceedings are in the name of Boers v Parramatta City Council. This was not opposed by the Council, is consistent with the decision of the Court of Appeal in McInnes v Wingecarribee Shire Council (1997) 10 NSWLR 660, and is the same course as adopted by Moore SC in Boers v Parramatta City Council [2010] NSWLEC 1071, proceedings which involved the same parties in relation to different premises.

3 The site is a two storey industrial building previously used as an engineering warehouse. The site is located on that part of George Street which runs between Parramatta Road…

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Details
Case
[2010] NSWLEC 1097
Decision Date

CaseChat Overview and Summary

In this appeal, John Boers sought approval for a development application for alterations to a building and its use as a brothel and for associated outcall/escort services at 45 George Street Clyde, Lot 19 DP 612994. Parramatta City Council had refused to grant consent, but on appeal to the Land and Environment Court, the Council agreed that development consent could be granted, subject to conditions. The issues before the Court were whether a time limited consent condition should be imposed, and whether conditions requiring payment of an Annual Monitoring Fee for Restricted Premises and Sex Service Premises, and an Infrastructure and Restoration Administration Fee, should be imposed. The Court found that a time limited consent condition should be imposed, but that the condition should be amended to reflect that the consent would not lapse if an application was made either in the form of a new development application or a s96 modification application before the end of the two year period. The Court also found that a condition requiring payment of an Infrastructure and Restoration Administration Fee should be imposed, but that a condition requiring payment of an Annual Monitoring Fee for Restricted Premises and Sex Service Premises should not be imposed.

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