Residents win battle over brothel
23Jul08
Residents protest near the Burwood brothel site.
AN application for a brothel at 1A and 3 Belmore St, Burwood, has been knocked back by the Land and Environment Court, marking a win for neighbours who have long complained of anti-social behaviour six nights a week.
Applicants sought approval for a therapeutic massage centre and brothel operating until midnight.
But the complaints of nearby residents weighed heavily in Commissioner Brown's decision.
Mr Brown said the business was likely to to have an undue impact on residents as it was in a "fundamentally unsuitable" location.
Locals told the court at a roadside hearing on Friday that visitors to the premises had urinated and thrown rocks, fought and vandalised local property when leaving the premises at night.
A representative of Burwood Council told the court he had inspected many therapeutic massage centres and the premises in question was the most poorly appointed in terms of shower and toilet facilities.
The council representative doubted that the centre manager would abide by consent conditions set by the court, as evidence was tendered that the centre was operating without appropriate consent.
A representative of the applicant said two extra staff, a house manager and door attendant, would be present on site and could possibly assist with security.
He said the Burwood draft LEP 2008, which prohibits brothels in mixed-use zones, was still a draft and should not be relied upon.
Amenities would be improved if the applicant was granted approval.
"This is a chance to properly manage and legalise an operation," the applicant's representative said.
However Commissioner Brown said the draft LEP 2008 was the most relevant control as it "reflected the current thinking" of Burwood Council.
He said he was not satisfied a plan of management could address the concerns raised by residents.
" The unacceptable behaviour of patrons should not be tolerated for any period of time," he said. "Once patrons leave, little can be done other than to call the police.
"The location is fundamentally unsuitable given the residential proximity."
