29 Enterprise Pty Limited v Ryde City Council [2010] NSWLEC 1166

As there were no complaints or evidence of disturbance during the trial period, and no indication of adverse impact, the Court permitted deletion of condition 2, enabling continued use as a brothel.

Jurisdiction: Australia
Judgment Date: 27 May 2010
Procedural Posture: Application to Modify Development Consent / Hearing and Judgment
Outcome: appeal upheld; condition deleted
Legal Topics: ['modification of Development Consent' 'brothel Use' 'trial Period Conditions']

['planning Law' 'environmental Law'] ['modification of Development Consent' 'brothel Use' 'trial Period Conditions']

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Procedural Posture

Application to Modify Development Consent / Hearing and Judgment

Legal Issues

1 ['Whether condition 2 (limiting brothel use to 12 months) should be deleted under s 96(1A) after trial period' 'Whether brothel operation during the trial has demonstrated absence of adverse impacts']

Ratio Decidendi

As there were no complaints or evidence of disturbance during the trial period, and no indication of adverse impact, the Court permitted deletion of condition 2, enabling continued use as a brothel.

Court Disposition

appeal upheld; condition deleted

Orders

['The appeal is upheld.' 'The application under s 96(8) of the Environmental Planning and Assessment Act 1979 is approved. The consent is modified by deletion of condition 2.' 'The exhibits may be returned.']