Wendy Wei v Holroyd City Council

Wendy Wei appealed against the Holroyd City Council's refusal of development consent for alterations to Unit 1, 181 McCredie Road, Guildford West, to enable each use as a brothel. The dispute was heard by the Land and Environment Court of New South Wales, presided over by Justice Pain. The central issue before the court was whether the applicant, Wendy Wei, had demonstrated that the proposed use of the premises as a brothel would not have an unreasonable impact on the amenity of the neighbouring properties, as required by the relevant planning provisions. The court also needed to consider the evidence presented by both parties and assess the reasonableness of the council's decision.

The court found that the applicant had established that the proposed use of the premises would not have an unreasonable impact on the amenity of the neighbouring properties. The evidence demonstrated that the proposed brothel would be operated in a manner that would not cause undue disturbance to the neighbours. Justice Pain held that the council's decision to refuse development consent was unreasonable, as it was not supported by the evidence and failed to properly consider the relevant planning provisions. The court also found that the applicant had met all other requirements for development consent, including the need to comply with any relevant conditions. The appeal was therefore upheld, and development consent was granted for the proposed alterations to the premises to enable each use as a brothel.