Thornpast Pty Limited v Parramatta City Council [2004] NSWLEC 520

Thornpast Pty Limited v Parramatta City Council [2004] NSWLEC 520

Clause 17(2)(c) of the Sydney Regional Environmental Plan No 28 - Parramatta operates as an absolute prohibition on development at the ground floor street frontage of buildings for purposes not listed in the clause. Because a brothel was not one of the listed purposes, the Applicant's development application for a brothel in the ground floor street frontage of 105 George Street was prohibited by cl 17(2)(c).

Jurisdiction
Australia
Judgment Date
16 September 2004
Procedural Posture
Class 1 Proceedings Appealing Against Refusal of a Development Application for Consent to Use the Ground Floor of an Existing Building as a Brothel / Preliminary Question of Law Before the Appeal Was Heard
Outcome
Preliminary question answered in favour of the Respondent; the proposal was held to be prohibited by cl 17(2)(c) of the SREP.
Legal Topics
['development Standards' 'prohibited Development' 'construction of Planning Instruments' 'brothel Use in City Core Zone' 'sydney Regional Environmental Plan No 28 Parramatta']
['planning and Environment Law' 'land Use and Development Consent'] ['development Standards' 'prohibited Development' 'construction of Planning Instruments' 'brothel Use in City Core Zone' 'sydney Regional Environmental Plan No 28 Parramatta']

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Procedural Posture

Class 1 Proceedings Appealing Against Refusal of a Development Application for Consent to Use the Ground Floor of an Existing Building as a Brothel / Preliminary Question of Law Before the Appeal Was Heard

Legal Issues

  1. 1 ['Whether the proposal was prohibited by virtue of cl 17(2)(c) of the Sydney Regional Environmental Plan No 28 - Parramatta.' 'Whether cl 17(2)(c) operated as a development standard or as a prohibition.']

Ratio Decidendi

Clause 17(2)(c) of the Sydney Regional Environmental Plan No 28 - Parramatta operates as an absolute prohibition on development at the ground floor street frontage of buildings for purposes not listed in the clause. Because a brothel was not one of the listed purposes, the Applicant's development application for a brothel in the ground floor street frontage of 105 George Street was prohibited by cl 17(2)(c).

Court Disposition

Preliminary question answered in favour of the Respondent; the proposal was held to be prohibited by cl 17(2)(c) of the SREP.

Orders

  • ["The answer to the question whether the proposal is prohibited by virtue of cl 17(2)(c) of the SREP is that the Applicant's proposal is prohibited by virtue of that clause."]