Perry Properties Pty Ltd v Ashfield Council (No 2) [2001] NSWLEC 62

Perry Properties Pty Ltd v Ashfield Council (No 2) [2001] NSWLEC 62

The Commissioner's failure to properly reconsider and evaluate the social impact as separate from amenity amounted to legal error, warranting the setting aside of his determination and remitting the proceedings for further determination.

Parties
Applicant: Perry Properties Pty Ltd; Respondent: Ashfield Council (No 2)
Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Section 56 a Appeal / Remitted Proceedings Requiring Re Determination of Development Appeal
Outcome
Appeal allowed
Legal Topics
Development Applications, Social Impact Assessment, Amenity, Town Planning, Brothel Development, Procedural Fairness
Planning and Environment Development Applications Social Impact Assessment Amenity Town Planning Brothel Development Procedural Fairness

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Parties

Perry Properties Pty Ltd

Applicant

Ashfield Council (No 2)

Respondent

Procedural Posture

Section 56 a Appeal / Remitted Proceedings Requiring Re Determination of Development Appeal

Legal Issues

  1. 1 Whether the Commissioner constructively failed to consider the social impact of the proposed brothel development
  2. 2 Whether findings on amenity excluded consideration of social impact
  3. 3 Whether the determination proceeded according to Cowdroy J's orders on remittal

Ratio Decidendi

The Commissioner's failure to properly reconsider and evaluate the social impact as separate from amenity amounted to legal error, warranting the setting aside of his determination and remitting the proceedings for further determination.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Decision of Commissioner Bly dated 3 November 2000 set aside