Hall v Camden Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Hall v Camden Council [2012] NSWLEC 1003
Hearing dates:	13, 14 December 2011
Decision date:	12 January 2012
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	Directions made for parties to provide amended conditions and plans following which orders to be made in chambers
Catchwords:	Development application - brothel
Legislation Cited:	Environmental Planning and Assessment Act 1979 Camden Local Environmental Plan 2010
Cases Cited:	Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99 Liapis v Camden Council [2010] NSWLEC 1230 Martyn v Hornsby Shire Council [2004] NSWLEC 614 Wei v Parramatta City Council [2010] NSWLEC 1046 Zhang v Canterbury City Council (2001) 115 LGERA 373
Category:	Principal judgment
Parties:	Greg Hall (Applicant) Camden Council (Respondent)
Representation:	Mr A Seton, Marsdens Lawyers (Applicant) Mr S Simington, Lindsay Taylor Lawyers (Respondent)
File Number(s):	10697 of 2011

Judgment

1. This is an appeal under s97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of an application for a change of use of an office building to a sex services premises, including alterations and additions to the existing building.

1. The building is located at 1 Kibble Place Narellan, on the corner of Millwood Avenue (the site). The site (Lot 11 DP 834527) has an area of approximately 2,313 sq m, and is used for a vehicle repair station. There are three buildings on the site, a vehicle workshop with three vehicle bays for heavy vehicles, an amenities and vehicle wash down bay shed and office, and the office building the subject of this application. Vehicle access is from Kibble Place and Millwood Avenue. There are nine car parking spaces on the site.

1. The application proposes an extension to the ground floor of the building and the construction of an additional floor, and fit out to provide a reception area, five waiting rooms, five work rooms (one with disabled facilities), a manager's office and laundry facilities. Access is to be provided by construction of a new driveway from Millwood Avenue, with parking for eight vehicles included in an area separated from the remainder of the site by a 2m high security mesh fence. The entrance to the premises is proposed by a pedestrian ramp from the separate car park area on the southern side of the building. The proposed hours of operation are 9.00am to 3.00am, seven days a week. The application proposes a street number at the front of the premises, and no other signage.

1. The issues between the parties relate to the impacts of the proposed development on the current use of the site, and the location of the proposed development near land used for recreational and community purposes. The Council contends that the proposal is an overdevelopment of the site because of inadequate provision for parking, and access to and manoeuvring of heavy vehicles on the remainder of the site; the proposal is contrary to the zone objectives because of a likely increase in demand…