Willoughby City Council v Wu

Land and Environment Court New South Wales Case Title: Willoughby City Council v Wu Medium Neutral Citation: [2014] NSWLEC 165 Hearing Date(s): 20 October 2014 Decision Date: 20 October 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that the respondent has not complied with Brothel Closure Order No 2587 issued by the applicant on 27 September 2013 to cease using the land at 218/1 Katherine Street, Chatswood (the Premises) as a brothel or for any related sex uses and, accordingly, is in breach of the Environmental Planning and Assessment Act 1979. (2) Declaration that the respondent has carried out development in breach of s 76A of the Environmental Planning and Assessment Act 1979 being use of the Premises as a brothel without development consent in circumstances where such development is permitted with consent by the Land Use Table of the Willoughby Local Environmental Plan 2012.(3) Order that the respondent by herself, her employees, servants or agents be restrained from using, causing or permitting the use of the Premises:(a) as a brothel; or(b) for related sex uses.(4) Order that the respondent by herself, her employees, servants or agents is to remove within one month of the date of these Orders the partition walls in the premises constructed without development consent and otherwise not in accordance with Development Consent DA 2003/0173 (as modified), and return the Premises to the maximum extent possible to the condition they were in prior to the unauthorised development being undertaken.(5) Order that the respondent pay...