Pederson & Anor v Parramatta City Council [2007] NSWLEC 61

Pederson & Anor v Parramatta City Council [2007] NSWLEC 61

Consent can be granted because the proposal, as amended to comply with BCA and including conditions to address amenity and safety, satisfies all relevant planning controls and no substantive grounds of objection remain after trial operation.

Parties
Applicant: Patrick and Patricia Pederson; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
12 February 2007
Procedural Posture
Development Appeal / Judgment After Hearing and Amendments
Outcome
Appeal allowed; development consent granted with conditions
Legal Topics
Development Application, Brothel Use, BCA Compliance, Social Amenity
Planning Law Environmental Law Development Application Brothel Use BCA Compliance Social Amenity

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Parties

Patrick and Patricia Pederson

Applicant

Parramatta City Council

Respondent

Procedural Posture

Development Appeal / Judgment After Hearing and Amendments

Legal Issues

  1. 1 Whether development consent should be granted for ongoing use of brothel/swingers club
  2. 2 Compliance with Building Code of Australia requirements
  3. 3 Impact on amenity and local area

Ratio Decidendi

Consent can be granted because the proposal, as amended to comply with BCA and including conditions to address amenity and safety, satisfies all relevant planning controls and no substantive grounds of objection remain after trial operation.

Court Disposition

Appeal allowed; development consent granted with conditions

Orders

  • The appeal is allowed.
  • Development consent is granted for DA 485/2006 for the use of the premises at 18 Ferndell Street, Granville, as a brothel and swingers club, subject to the conditions in Annexure 'A'.