Hurstville City Council v Chang [2011] NSWLEC 1288

Hurstville City Council v Chang [2011] NSWLEC 1288

The respondent failed to comply with the brothel closure order, all required statutory notifications and considerations under s 121ZS(6) have been satisfied, and there is no lawful residential use for the premises; a utilities order is appropriate and should be made.

Jurisdiction
Australia
Judgment Date
25 August 2011
Procedural Posture
Class 1 Application Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Final Determination
Outcome
Application granted
Legal Topics
['enforcement of Planning Controls' 'brothel Closure Orders' 'utilities Orders']
['planning Law' 'administrative Law'] ['enforcement of Planning Controls' 'brothel Closure Orders' 'utilities Orders']

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Procedural Posture

Class 1 Application Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Final Determination

Legal Issues

  1. 1 ['Whether respondent failed to comply with a brothel closure order under s 121B of the Environmental Planning and Assessment Act 1979' 'Whether the conditions for making a utilities order under s 121ZS of the Act are satisfied']

Ratio Decidendi

The respondent failed to comply with the brothel closure order, all required statutory notifications and considerations under s 121ZS(6) have been satisfied, and there is no lawful residential use for the premises; a utilities order is appropriate and should be made.

Court Disposition

Application granted

Orders

  • ['A provider of water or electricity to the subject premises must cease to provide those services for three months from 9 September 2011.' 'Service of the order on the provider of utility services shall be effected by sending a copy by email and registered post by 31 August 2011.' 'Exhibits are returned.']