Perry Properties Pty Ltd v Ashfield Municipal Council [2000] NSWLEC 188

Perry Properties Pty Ltd v Ashfield Municipal Council [2000] NSWLEC 188

A fear or concern without rational or justified foundation is not sufficient to constitute a social impact under s79C(1)(b) of the Environmental Planning & Assessment Act; in the absence of evidence supporting concerns about inappropriate or anti-social behaviour, refusal based solely on widespread unsubstantiated fear is an error of law.

Jurisdiction
Australia
Judgment Date
21 September 2000
Procedural Posture
Section 56 a Appeal / Appeal Determination
Outcome
Appeal upheld
Legal Topics
['development Application' 'public Interest' 'social Impact' 'brothel Licensing']
['planning and Environment'] ['development Application' 'public Interest' 'social Impact' 'brothel Licensing']

Case Brief

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Procedural Posture

Section 56 a Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether widespread adverse community reaction based on unsubstantiated fear is sufficient to constitute social impact justifying refusal of a brothel development application' 'Whether the Commissioner erred in law by refusing consent based on perception of offence after finding no tangible amenity impact']

Ratio Decidendi

A fear or concern without rational or justified foundation is not sufficient to constitute a social impact under s79C(1)(b) of the Environmental Planning & Assessment Act; in the absence of evidence supporting concerns about inappropriate or anti-social behaviour, refusal based solely on widespread unsubstantiated fear is an error of law.

Court Disposition

Appeal upheld

Orders

  • ['The appeal be upheld' 'The proceedings be referred to Commissioner Bly' 'The exhibits be returned']