Krausman v Parramatta City Council [2004] NSWLEC 503

Krausman v Parramatta City Council [2004] NSWLEC 503

The Court held that the applicant's character or reputation, or being known to police, is not a relevant planning consideration under s 79C of the Environmental Planning and Assessment Act 1979, as consents run with the land and not the person. There was no evidence of likely criminal activity if consent were granted, and parking and public objections did not justify refusal. Accordingly, the appeal was upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
06 September 2004
Procedural Posture
Class 1 Appeal / Judgment on Appeal From Council Refusal of Development Application
Outcome
Appeal upheld
Legal Topics
['development Application for Brothel' "consideration of Applicant's Character in Planning Law" 'assessment of Criminal Activity Concerns in Planning Permissions' 'parking Requirements for Development Applications' 'public Objections and Planning Considerations']
['planning and Environment Law'] ['development Application for Brothel' "consideration of Applicant's Character in Planning Law" 'assessment of Criminal Activity Concerns in Planning Permissions' 'parking Requirements for Development Applications' 'public Objections and Planning Considerations']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment on Appeal From Council Refusal of Development Application

Legal Issues

  1. 1 ["Whether the applicant's character is relevant to the refusal of development consent for a brothel under s 79C of the Environmental Planning and Assessment Act 1979" 'Whether concerns about potential criminal activity justify refusal of development consent' 'Whether on-site parking facilities meet development control plan requirements' 'Treatment of public objections (parking, property values, fencing) in consideration of development application']

Ratio Decidendi

The Court held that the applicant's character or reputation, or being known to police, is not a relevant planning consideration under s 79C of the Environmental Planning and Assessment Act 1979, as consents run with the land and not the person. There was no evidence of likely criminal activity if consent were granted, and parking and public objections did not justify refusal. Accordingly, the appeal was upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application JL/2176/2003 for internal alterations and use as a commercial brothel is granted a deferred commencement consent, subject to conditions in Annexure A.' 'Exhibits, except for exhibits 3, A and C, may be returned.']