Previous Council Report

DATE OF REPORT

20 July 2012

REASON FOR REFERRAL TO COUNCIL

The proposal is referred to Council for consideration as the application relates to a Brothel.

EXECUTIVE SUMMARY

The Section 96(2) application seeks approval to increase the number of staff onsite at any one time from 10 to 14. This comprises 10 sex workers and 4 ancillary staff. No other changes are proposed.

The application was advertised and notified in accordance with Parramatta Council Notification Development Control Plan 2004. One (1) submission was received in response to the notification from a neighbouring property primarily raising concerns with the use of the site as a Brothel and the intensification of the use. These issues have been assessed in detail within the Section 79C report attached (Attachment 1).

The subject site and immediately adjoining sites are zoned B3 Commercial Core. The site currently contains a two storey mixed use development with a hard stand car parking area to the rear comprising 12 spaces. The ground floor level of the subject site contains a restaurant/café/bar currently known as the Velvet Room. The first floor level of the site contains the subject sex services premises.

Surrounding development consists of a varied mix of buildings associated with the mixed use and commercial zones. Immediately to the north of the site is the NSW Government Fair Trading Centre and immediately to the south is a two storey commercial development containing a real estate agency. A large scale commercial development known as Gough Whitlam Plaza is also located on the opposite side of Wentworth Street to the east and to the west of the site is the Wentworth Street Council car park. The locality includes residential units associated with the large scale mixed use buildings recently or currently being constructed on Church Street.

The originally lodged Section 96(2) application sought to increase staff from 10 to 21 employees comprising 17 sex workers and 4 ancillary staff. Pursuant to Council requests the applicant has amended the sought increase to a maximum of 14 employees comprising 10 sex workers and 4 ancillary staff.

Perusal of the development history of the site has found that DA/1203/1998 imposed a 10 employee limit on the premises. In addition Council have previously accepted an enlargement of the premises under Development Application DA/1557/2001 to include 13 nominated bedrooms. This application was resolved by Council on 24 February 2003, the accompanying business paper to this Development Application considered at the meeting made the following statement in Section 2 of the Executive Summary.

‘2. Ten (10) rooms will be used at any one time whilst the remaining will be used as waiting rooms for patrons requiring extra privacy and/or spare rooms available for the next client avoiding any wait whilst cleaning rooms’.

This Section 96 application is primarily the result of inspections of the site by Council’s Development Control Unit and the disclosure of more than 10 employees on site during the inspection. Within this inspection it was found that the owner’s interpretation of the approved number of staff constituted 10 sex workers. The owner contended that ancillary staff did not form part of the total number of employees.

In lieu of the above, the Section 79C Assessment Report attached (attachment 1) finds that the provision of 14 employees namely 10 sex workers and 4 ancillary staff would be consistent in rationalising the total amount of employees with regard to previous approvals associated with the site. These 4 ancillary employees relate to a Manager, receptionist, cleaner and security guard. In addition the approval of the moderate increase in staff numbers allows Council to impose suitable conditions to significantly improve the management of the premises, protect the health and safety of employees and patrons and bring the operation of the Brothel in line with best practice within the sex industry.

While it is acknowledged that the premises are directly above licensed premises known as the ‘Velvet Room’ and that there is one owner for both premises, additional conditions are recommended which clearly separate the two uses in terms of access.

The matter was referred to Council’s Community Crime Prevention Officer who has recommended conditions of consent to improve management of the premises.

The proposed development is consistent with the objectives and provisions of Parramatta City Centre Local Environmental Plan 2007 and the Parramatta Development Control Plan 2007 for Sex Services and Restricted Premises and is considered satisfactory with regard to amenity impact to neighbouring properties.

After consideration of the development against the relevant statutory and policy provisions, the proposal is considered to be suitable for the site. Therefore, it is recommended that the application be approved.

Item 8.1 - Attachment 1

Previous Council Report

1	Section 79C Assessment Report	40 Pages
2	Locality Plan	1 Page
3	confidential Council stamped floor plan of premises	1 Page