Shepparton's

first legal brothel will be known as

Apollo 45

THE GREEN LIGHT HAS BEEN GIVEN FOR THE RED LIGHT

The Victorian Civil and Administrative tribunal handed down its finding May 25 affirming Greater Shepparton City Council's October 12 decision to grant a permit for a brothel at 45 Apollo Dve.

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Last Updated January 6, 2009

Brothel Protest Action Ends
Tuesday, 6th January 2009

A leader of Shepparton's vocal anti-brothel campaign yesterday said the group had no further protest action planned, after Victoria's planning tribunal gave the controversial development the go-ahead.

Social Impact Regional Victoria spokesman Mark Rumble said though he was "shocked" by the Victorian Civil and Administrative Tribunal's decision last week, the group was unlikely to continue fighting against it.

You have to go with the umpire's decision, my view is that the group has fought the good fight but we have to accept the final call," he said. "I can't say definitively everything has been done that can be done but as far as I am aware there will be no more protest action
.
(Greater) Shepparton City Council need to be commended for their application to try and stop this thing, it's not something that will be helpful to Shepparton."

Arguably the most vocal of the anti-brothel group _ former councillor Sondrae Johnson _ did not return calls from The News yesterday.

Mr Albon's claim the Apollo Dve brothel would be something Shepparton would be "proud" of was scoffed at by Mr Rumble.

I think certainly it's not the sort of establishment a community like Shepparton needs," he said.

This is a huge ugly spot on Shepparton, it's a very sad day for Shepparton that VCAT have come and ruled this way.

It's incredibly disappointing that VCAT, who aren't part of the community, are able to make the final ruling."

City brothel decision
Monday, 5th January 2009

Shepparton's Apollo 45 brothel will be open for business by the end of the year, after Victoria's planning tribunal gave the divisive project the green light last week.

Nearly four years after Greater Shepparton City Council received a planning application for the brothel _ igniting vitriolic community debate _ the Victorian Civil and Administrative Tribunal last week handed down the final decision on the matter, paving the way for construction to begin immediately.

William Albon, spokesman for the brothel's planning permit applicant Robert Russell, said they were thrilled with the decision.

What a brilliant result ... the moment we get the formal advice from VCAT we will trot over to the council offices and tidy up some loose administrative matters, then turn the first sod of soil," Mr Albon said.

It's been a long tortuous process, the entire project has always been strictly in accordance with Victorian government planning law.

Objections ignored planning law and were entirely based on moral prejudices, which have no place in planning law.

Mr Russell was granted a planning permit to build the Apollo Dve establishment in 2006 but failed to start construction within the stipulated two-year timeframe.

In August last year, Greater Shepparton City councillors voted unanimously to reject his application for a six-month extension.

In a hearing before VCAT in November, barrister Joanne Lardner, acting on behalf of council, said the decision was made based on "significant evidence" Mr Russell was "warehousing" the permit for financial gain.

But last week, tribunal senior member Richard Horsfall rejected the claim, citing it as unsubstantiated, and said he accepted Mr Russell's explanation that economic downturn due to drought was the reason.

Greater Shepparton City Mayor Geoff Dobson said council accepted the decision.

I would say that's the end of it, I can't see the current council revisiting the situation," he said.

Deputy mayor Kevin Ryan, a member of the previous council who rejected Mr Russell's extension application in August, maintained the decision was not made on moral grounds.

We believed there was no way known the applicant could not have fulfilled the building requirements in the required time due to the reasons given," he said.

Mr Albon believed vehement anti-brothel campaigner Sondrae Johnson's failed bid for re-election at November's local government's elections vindicated his and Mr Russell's position.

Shepparton will be proud of this brothel, it will add value to the economy," he said.

TIMELINE ON SHEPPARTON'S FIRST BROTHEL
Monday, 5th January 2009

July 2005 _ Planning applications for Shepparton's first brothel are officially lodged with council.

September 2005 _1140 objections to the proposed brothel are lodged.

November 2005 _ Social Impacts Regional Victoria, formerly Goulburn Valley Community Action Against Pornography Group, appeal to VCAT.

March 2006 _ Former Greater Shepparton City councillors Sondrae Johnson and Dallas Terlich were appointed as formal appellants against Shepparton's brothel at VCAT hearing.

May 2006 _ VCAT upheld council's decision.

June 2006 _ Mr Russell received the official planning permit with a copy of the 29 conditions attached to the establishment including its development to start within two years.

August 2006 _ Supreme Court Justice Robert Osborn refuses to grant Sondrae Johnson leave to appeal against the brothel decision. Costs are awarded against her.

January 2007 _ The applicant predicts construction will start within a month.

August 2007 _ Mr Albon said construction had been delayed because of drought and sale discussions.

June 2008 _ Mr Albon said he would apply to council for a time extension.

July 2008 _ An application to hear the request for an extension of the Apollo 45 brothel permit was lodged with VCAT.

August 2008 _ Councillors voted unanimously to reject an application by Mr Russell for a six-month extension to a planning permit.

November 2008 _ A VCAT hearing on November 27 heard allegations the owner was "warehousing" the permit for financial gain.

Mr Russell denied the allegation.

Brothel standstill
Friday, 28th November 2008

The future of Shepparton's controversial brothel remains in limbo after a tribunal hearing yesterday heard allegations the owner was "warehousing" the permit for financial gain.

Robert Russell, a Shepparton escort agency owner granted council permission to build the Apollo Dve brothel in 2006, denied the allegation in the Victorian Civil and Administrative Tribunal, claiming a mass of council red tape prevented him commencing construction within a stipulated two-year timeframe.

"I've been offered a million dollars for it and I have refused.

"It's not for sale and it never will be. Every time I have to deal with this council I just run into brick wall after brick wall," he said.

In August, Greater Shepparton City councilors voted unanimously to reject an application by Mr Russell for a six-month extension to a planning permit in order for him to begin construction of the brothel.

William Albon, acting for Mr Russell, told the hearing council made the decision in a prevailing climate of controversy and moral objection that generated "a level of hysteria it did not warrant" and there were "pranksters at play in this matter".

But barrister Joanne Lardner, acting on behalf of the council, told the hearing the refusal was based purely on planning concerns.

She said no compelling circumstances made the two-year timeframe inadequate and said there was evidence that suggested Mr Russell had no intention of proceeding with construction of the brothel.

There is evidence he is warehousing the permit. There is real concern about the bona fides of extenuating reasons, nothing but a building permit prevented them proceeding," she said.

Warehousing refers to a practice by which selling a property with building approval makes it far more valuable to the seller. But Mr Russell said that in addition to council red tape blocking construction, economic downturn associated with the drought and soaring water prices for irrigators around Shepparton made him rethink going ahead with the investment in that two-year period.

But Mr Albon insisted resurgent interest in the development in the past six months re-affirmed Mr Russell's commitment to going ahead with the plan.

"He had good reasons for not getting on with it and if the tribunal grants the extension, it will not come on the market, work will start this year," he said.

But Ms Lardner rejected the claim, saying Mr Albon made the same affirmation six times in the two-year period following the granting of the permit and no sign of construction began.

VCAT will rule on the application before the end of the year.

Brothel hearing set
Tuesday, 26th August 2008

Most Greater Shepparton residents will have cast their vote in the November council election before the future of the Apollo 45 brothel is resolved.

The Victorian Civil and Administrative Tribunal has set aside half a day on November 27 to hear the application for extension of a planning permit for the brothel, which is the day before the close of the postal vote for Greater Shepparton City Council.

With a decision unlikely to be made on the day of the hearing, the brothel issue will still be alive when the ballot is counted.

The brothel applicant has applied directly to VCAT for an extension of the two-year planning permit which expired in June. The council was scheduled to deal with the application for an extension of the brothel permit at its July meeting, but at a special meeting called on June 27 a majority of councillors voted to defer consideration until August.

Because the council had not dealt with the permit application within the required 30-day period, the brothel applicant took the matter to VCAT.

Councillors last month voted unanimously to oppose the extension of the permit.

If the council argues successfully at VCAT, the brothel would have to submit a fresh planning application and start from scratch.

Brothel applicant agent William Albon said the timing of the VCAT hearing could still have an impact on the election campaign.

"It occurs to me that our anticipated victory will be a nice little gift to Cr (Sondrae) Johnson, a gift that might go towards her defeat at the poll," Mr Albon said.

The reality is the deadline for the return of postal votes falls on the following day, and historically most people will have already cast their votes by the time of the hearing.

Mr Albon said if council had heard the matter in time and the brothel was forced to appeal the decision, a hearing would not have taken place until 2009.

"We are still months ahead of what the timetable would have been had we not taken the matter out of the hands of the council," he said.

"This will of course impact on the building program but the applicant has engaged a crack building team and the brothel, subject to the extension of the planning permit, will be up and running at the very first

opportunity."

Wording of brothel permit motion clarified
Thursday, 7th August 2008

The News incorrectly reported yesterday that Cr Bruce Wilson's amendment to a motion on the Apollo 45 brothel was not adopted at Tuesday's council meeting.

Cr Wilson's amendment was accepted and became the substantive motion endorsed 6-0 by councillors to refuse the brothel permit extension.

The amendment was substantially the same as that put forward initially by Cr Dallas Terlich, but the language used to explain the reasons was significantly different.

The motion adopted was that councillors refuse the application on the grounds that:
There had been no intervening circumstances that made the original time inadequate and as such, the time originally allowed in the planning permit was adequate and reasonable.

There were significant doubts that suggested the applicant was not economically and financially committed to the permit proposal, as shown by his lack of action taken to give effect to the permit.

The demonstrated lack of action by the applicant during the last two years did not match his continuing public statements and demonstrated a need for the responsible planning authority to strike a fair balance

between the public interest and the interests of the applicant.

There were significant indications that the permit holder was attempting to "warehouse" the permit.

Unanimous opposition to push for brothel permit extension
Wednesday, 6th August 2008

Greater Shepparton City councillors have voted unanimously to reject an extension of the planning permit for the Apollo 45 brothel.

Councillors voted 6-0 to refuse the extension, despite a recommendation from planning officers to approve it.

The decision is not enforceable but will form the basis of council's argument at the Victorian Civil and Administrative Tribunal.

Cr Sondrae Johnson did not vote yesterday, after declaring a conflict of interest.

Cr Dallas Terlich moved the motion to refuse the permit on the grounds he believed the brothel applicant was "warehousing" the permit in the hope of a windfall from the sale of the land; that the original two-year permit period was adequate; and that the permit would likely be refused if a fresh application was made.

Cr Bruce Wilson unsuccessfully tried to move an amendment adding further explanation but dropping the last point regarding a fresh application.

Cr Chris Hazelman succeeded in adding a directive for an independent planning expert to be appointed to represent council at VCAT.

"It is totally illogical having our planning officers represent us at VCAT," he argued, given the brothel applicant could use the officers' report to councillors against the council in any hearing.

Cr Wilson agreed.

"Our officers are in a position where they would have to go and represent views that are not theirs," he said.
Councillors made it clear they did not believe the applicant was serious about proceeding with the brothel and that reasons given in the application were not sufficient grounds for an extension.

Mayor Eric Bott described the councillors as being in "violent agreement".

Cr Hazelman summed up the mood when he said the brothel applicant had made many noises during the two years of the original permit without any meaningful works.

"All we have seen on this site is publicity seeking rhetoric not backed by any action," Cr Hazelman said.

William Albon, who represents the brothel applicant, responded by saying the brothel would be built.

"We are deadly serious, we are confident of getting this up at the tribunal and we will have the thing built this year, and that will prove what mugs they are."

Push for quick brothel hearing

Tuesday, 15th July 2008

The Victorian Civil and Administrative Tribunal will be asked to expedite the hearing of an application for an extension to the Apollo 45 brothel permit.

William Albon, the agent for applicant Robert Russell, said VCAT acknowledged receipt of the application on Friday and a directions hearing was expected within a fortnight.

Mr Albon said the brothel applicant would push for a quick hearing, possibly even before Greater Shepparton City Council considers its formal position in relation to the permit on August 5.

"That ought to come about pretty speedily and at the directions hearing we will be saying the reason we are here is because council would not comply with the decision taking time guidelines," Mr Albon said.

"No matter what huff and puff the council might want to use to masquerade their failed job, the fact is they are no longer the decision-takers in this matter and we welcome that."

Mr Albon said the brothel applicant would argue the council did not deserve any additional time to formalise its position.

"We will be asking the tribunal to move speedily to not waste any more time, and to find a spot in their lists and let's get to the determination stage," he said.

"It is our view that the question of the extension of the planning permit can be resolved very quickly; we earlier resolved the Supreme Court challenge in less than 30 minutes, this little skirmish at VCAT should be resolved just as quickly."

The council was scheduled to deal with the application for an extension of the brothel permit at its July meeting, but at a special meeting called on June 27 a majority of councillors voted to defer consideration until August.

Cr Sondrae Johnson argued successfully that she needed the delay in order to seek legal advice in relation to any potential conflict of interest.

Brothel power shift

Monday, 14th July 2008

While Greater Shepparton City councillors will not make a legally enforceable decision on the brothel permit extension at the August meeting, they will determine their stance and provide reasons for the decision.

The decision and reasons will then form the basis of the council's case at the Victorian Civil and Administrative Tribunal hearing.

Chief executive Bob Laing has outlined the council's status in relation to the permit to clarify the issue.

While legal advice obtained by council has not been released, Mr Laing and planning manager Colin Kalms have detailed the course of events, now the brothel applicant has applied directly to VCAT to have the permit extension heard because the council had not dealt with the permit within the required timeframe:

Councillors will be provided with detailed planning advice and a recommendation from officers for consideration at the August meeting.

The advice will be substantially the same as originally prepared for the July meeting.

Councillors no longer have the ability to make a legally binding determination _ that power has shifted to VCAT.

Councillors will vote to accept or reject the extension application, but it will only reflect the formal position the council would have reached had it retained the power to deal with the permit.

The VCAT hearing will review all facts in relation to the case and the council is a party to the hearing as the responsible authority.

VCAT will ultimately decide on the brothel permit and council is bound by that decision.

Mr Laing said the broader issue of whether brothels should be allowed at all was a state responsibility and opponents should be pursuing it vigorously with parliamentarians.

Brothels are legal in Victoria and councils have no choice but to deal with any application under current law.

"The council doesn't control the state law but the council has tried to change the law; we haven't had much joy with that," Mr Laing said.

The council successfully moved a motion in October 2006 for the Municipal Association of Victoria to discuss changing the Planning and Environment Act to strengthen recognition of local policies in respect to brothels and adult bookshops.

The MAV has since discussed the issue with the government.

"The question should be asked why isn't this matter being vigorously pursued with the state government," Mr Laing said.

No brothel hearing

Tuesday, 8th July 2008

An application to hear the request for an extension of the Apollo 45 brothel permit was lodged with the Victorian Civil and Administrative Tribunal yesterday.

The application was lodged within hours of a decision by Greater Shepparton City Council not to hold a special meeting to hear the brothel application.

Agent for the brothel applicant, William Albon, said he was bitterly disappointed the genuine offer of goodwill had been refused.

As reported in yesterday's News, Mr Albon offered to delay going directly to VCAT if council held a special meeting to consider the permit application.

" ... I am dismayed they have ignored that opportunity," Mr Albon said.

With the matter being taken directly to VCAT, the council is no longer considered the relevant planning authority and has significantly less clout. Mayor Eric Bott said councillors would now form a view at the August meeting to take to the VCAT hearing.

"We had already established a course of action for the council and we want to stick with that process," Cr Bott said.

The 30-day period for hearing the permit passed yesterday, giving the applicant the trigger to go to VCAT.

At yesterday's briefing, The News understands Cr Sondrae Johnson, Cr Jenny Houlihan and Cr Bott opposed any concession to the demand for a special meeting.

Cr Bruce Wilson believed the special meeting would have been technically impossible under council rules.

Only Cr Kevin Ryan and Cr Chris Hazelman pushed for a resolution that would allow council to retain ownership of the permit application process.

In other developments:

Mr Albon has rejected any notion that the brothel planning permit was being "warehoused". Warehousing is when a developer has no intention of proceeding with construction and is speculating on selling the land and permit for a profit.

Mr Albon revealed that as recently as last week an offer for the land and permit approaching $1million was rejected.

Mr Albon said there were genuine reasons why the brothel had not proceeded to date, but the plan remained to have it open by the end of this year.

However, taking the application directly to VCAT does open up the possibility of applying for a permit extension of up to two years.

Brothel seeks to force city's hand

Monday, 7th July 2008

An olive branch of sorts has been extended by William Albon, the agent for Apollo 45 brothel applicant Robert Russell.

Mr Albon has agreed not to go directly to the Victorian Civil and Administrative Tribunal if Greater Shepparton City Council calls a special meeting to consider the brothel permit extension application within seven days.

Councillors will discuss the issue at today's briefing and have until noon to provide their response.

If the meeting is not agreed to, the applicant intends to file with VCAT by the close of business today.

Because an August hearing would be more than 30 days since the application was lodged, the applicant could go directly to VCAT, with the effect the council would lose its status as the relevant planning authority.

Mayor Eric Bott agreed to put the matter on the agenda today, but said the offer raised a number of technical issues.

"We have a motion on our books to hear the application at the August meeting so it has to be put to councillors," Cr Bott said.

That motion would have to be rescinded in order to consider the application at a special meeting, but under meeting rules it can only be done by the same number of councillors that passed the motion. Cr Dallas Terlich, who was present at the special meeting on June 17, is currently unavailable.

Mr Albon said the offer was made on Friday in order to return the democratic process to the council and spare the expense of further appeals.

"I put it to the CEO that there ought to be a special meeting of the council within the next seven days," Mr Albon said.

"I said the brothel permit extension application should be the sole or main item on the agenda, and the council's planning officers' recommendation that the permit extension application be approved should be tabled for resolution by the councillors.

"Let's keep the Shepparton community involved."

Mr Albon said he extended the olive branch so the Shepparton community could maintain ownership of the decision making and he hoped councillors would see the sense in his proposition.

"We are providing a win-win opportunity here," Mr Albon said.

"A smart decision for the councillors would be to agree to a special meeting and then to approve this application for an extension; but at the end of the day, if the councillors ... want to blue us, then we will see them in the courthouse."

Mr Albon said Cr Sondrae Johnson had had ample time to get the legal advice she claimed was needed, and there was no longer any justifiable reason for delaying proper decision-making responsibility.

Ad slams brothel

Friday, 4th July 2008

The man behind a confronting advertising campaign against a brothel in Shepparton says he is motivated by his personal beliefs and simply wants to jolt the community into speaking out against prostitution.

Peter Hall personally paid to place the two-part advertisement in today's News.

The first part features a picture of a young woman and the words: "Are you seeking the perfect, well paying career opportunity for your daughter?"

It reads like a job advertisement, detailing how your daughter could get paid to spend most of her time in bed, dress up (and down) as much as she likes, meet lots of interesting characters, dance and get paid really, really well.

The second advertisement then seeks to detail reasons why no parent would want their child working as a prostitute.

"I'm not associated with any group or anything; I have three little boys and I don't want them to grow up in a community where a brothel is acceptable," Mr Hall said yesterday.

The advertisement asks whether people would want their own daughter to work in a brothel.

Mr Hall said it was designed to have some "shock value" to make people think more about the issue.

"As I talk to people around the community, they all say they don't want it," Mr Hall said.

"I'm not having a crack at the people who run it or people that work in the industry, but I basically want to make a statement that as a community we just go along with all these changes to laws and moral values and nobody is saying it isn't right."

Planning laws do not allow for moral arguments.

However, Mr Hall believes the Shepparton community should be arguing that the law be changed.

"Surely a community has a right to say on grounds other than planning that we oppose it _ I am saying prostitution is morally wrong."

This one-man campaign to correct the community's moral compass might well produce other advertisements tackling issues such as euthanasia, cloning and stem cell research.

"I've got a moral compass and people may object to it or not like it but I just want to point them to the Bible, which is my moral compass," Mr Hall said.

"Sometimes I think you need to give people a bit of a jolt."

The two-part advertisement appears on pages 37 and 38.

Motives over brothel pure

Thursday, 3rd July 2008

It continues to amaze me how some people make such an effort to criticise and pull others down.

To be honest I don't think I will ever understand why people do it. It's selfish, unproductive and divisive.

I am a strong believer of healthy debate but I draw the line at personal attacks and people who speak their mind without thinking.

In some cases, it's like witnessing a toddler tantrum. If they can't get their own way they kick and scream. And then there's others who just like to have a whinge or a sook because they don't like what they see or they lose control over a situation.

In the past week, we have seen a few wobblies in the brothel debate, exposing the true colours of our councillors. On one hand, we have councillors who are considering the long-term future impacts of a brothel on our community and are taking action to ensure all bases are covered. Then we have others who seem only to be concerned about striking down their fellow councillors.

I don't claim to know the ins and outs of the situation, but I have drawn some conclusions about the motives of our councillors from what they have said in The News.

Some are selfless and others are self-centred.

Now, depending on what side of the fence you're standing on, you could be quick to point the finger.

But let me throw something out there before you pass judgement.

From what I have witnessed and read, the actions of Crs Johnson, Terlich, Houlihan and Bott have been driven by a responsibility to serve the best interests of our community.

And yet, all I have heard from Crs Hazelman, Wilson and Ryan is their disgruntlement surrounding the decision to hold a special meeting and their continued attack on some of the newer members of our council leadership.

So before you place your vote on this one, I would challenge you to review their motives and take into account all they have done for our community, and whether they have fulfilled their commitment to stand and fight for what they believe is the best for our community.

Legal Costs Owing

Thursday, 26th June 2008

A substantial bill for legal costs awarded against Cr Sondrae Johnson after a failed Victorian Supreme Court appeal over the Apollo 45 brothel remains unpaid.

The News understands the legal team engaged by brothel applicant Robert Russell will soon launch proceedings to recover the debt of $22950.

The court-awarded costs were determined in December 2006, after the application for leave to appeal against the decision to grant a permit for the brothel failed.

But to date the legal bill, which stipulates a 30-day payment clause, has not been paid.

Cr Johnson _ who took the Supreme Court action on behalf of a group opposed to the establishment of the Apollo 45 brothel _ was reluctant to discuss the debt when contacted by The News.

"All I can say is that they know who my legal representatives are and they can contact them," Cr Johnson said.

The costs of other parties in the action, including Greater Shepparton City Council, have been paid.

In October 2005, the council voted six to one in favour of the brothel and the decision was upheld in an appeal to the Victorian Civil and Administrative Tribunal in May 2006.

The Supreme Court appeal in August 2006 was a last-ditch attempt to have the brothel stopped, but the application for leave to appeal failed.

Cr Johnson was listed as the formal plaintiff on the Supreme Court appeal application, although in July 2006 Social Impact Regional Victoria spokesperson Mark Rumble told The News she was acting on behalf of the group.

Mr Rumble confirmed yesterday that while the group supported Cr Johnson in taking the action, it had not offered to pay costs.

Cr Johnson's opposition to the brothel began before her election to council in November 2005 and she continued to oppose the permit.

Cr Johnson was investigated by the Office of Local Government, after at least five complaints were received about her involvement in the vote in August 2006 on an eight-point recommendation about the council's Supreme Court brothel application defence.

Cr Johnson declared an interest as the applicant in the Supreme Court and opposed the entire motion, claiming it gave council chief executive Bob Laing a "blank cheque" to vigorously oppose her attempt to prevent the brothel from opening.

The 18-month investigation ended with no action being taken against Cr Johnson.

The permit for the brothel has now expired and council is expected to consider an application for an extension of time from the developer at its July meeting.

Not enough time to get brothel up

Wednesday, 4th June 2008

Another stoush is brewing over the proposed brothel approved for Apollo Dve in Shepparton.

The original planning permit, which was fought all the way to the Victorian Supreme Court, expires this week and agent for the applicant William Albon has signalled that construction work will not start before it lapses.

Mr Albon will apply to Greater Shepparton City Council on Friday for a time extension on the permit to allow the finalisation of building contracts.

Mr Albon said the developer was close to turning the first sod and the brothel, called Apollo 45, would be "in full swing in the immediate future".

"An application in accordance with the provisions of the Planning and Environment Act for an extension of the planning permit will be lodged this week," Mr Albon said.
Although confident the council will continue to exercise what he called "good planning policy judgement" to facilitate the application, Mr Albon is also prepared for another fight.

"I sincerely hope that the flawed, irrational and unsubstantiated opposition that previously flowed does not surface again," Mr Albon said.

"I remind the parties that this matter went all the way to the Supreme Court of Victoria and if necessary the will exists to go there once again."

Council has confirmed that the permit expires on Friday and an application for a time extension must be made in writing by the applicant prior to the permit expiring or within three months after the permit expires, or the permit will lapse.

If that happens, the clock is reset on the entire planning approval process.

Council has received an email from the applicant stating his intention, but has asked for further information and a formal written request, which has not yet been received.

Any decision on an application for a time extension has to go to the full council meeting.

"We will deal with the application on its merits when it arrives," Greater Shepparton City Council Mayor Eric Bott said.

Councillor at helm of group's brothel fight

July 6 2006

Greater Shepparton City Councillor Sondrae Johnson has been listed as the formal plaintiff on a Supreme Court appeal against the establishment of a brothel in Shepparton.

Social Impact Regional Victoria spokesperson Mark Rumble, who last week announced an appeal had been lodged, confirmed Cr Johnson was the name sited on documents submitted to the court, but that she was acting on behalf of the group.

The appeal follows a decision by the Victorian Civil and Administrative Tribunal in May to uphold a planning permit for the establishment.

In October, Greater Shepparton City Council approved the controversial sixbedroom brothel at 45 Apollo Dve, which was subsequently appealed to the tribunal.

Mr Rumble said a preliminary hearing would determine if the fight to prevent the brothel, to be known as Apollo 45, would go ahead.

"At this stage we are hoping that it will be as early as August, but that's not definitive," Mr Rumble said.

"They will go over the case and the grounds for appeal and if they say this is a unique and a novel argument, then we proceed.

"If they go `no this is ridiculous' it's all over red rover."

He said because the group was appealing on an error or errors of law, they were hopeful in the worst case it would be referred back to the tribunal.

"The Prostitution Control Act should have been considered by VCAT in conjunction with the Planning Act," Mr Rumble said.

"What this is about is challenging the Prostitution Control Act because it's not adequate and it isn't protecting the people it's supposed to be protecting."

The finding of the tribunal indicated it could not consider the Prostitution Control Act when determining the merits of the planning application for the brothel.

Mr Rumble said any ruling in favour of the group would acknowledge that changes to the legislation needed to occur.

Funds are now being sought for the appeal and Mr Rumble said all members of the group were confident they could put up a good fight.

"There's an excellent case and it's a risk worth taking," he said.

Brothel fight takes a twist

June 28 2006

The fight to stop the establishment of a legal brothel in Shepparton took another twist yesterday with the announcement a number of its objectors will take their fight to Victoria's Supreme Court.

Social Impact Regional Victoria spokesperson Mark Rumble told The News an official appeal was lodged late last week following last month's decision by the Victorian Civil and Administrative Tribunal to uphold a planning permit for the establishment.

Brothel applicant keen to `get on with job'

June 15 2006

Brothel applicant Robert Russell has received the official planning permit for Shepparton's first legal brothel from Greater Shepparton City Council.

The permit and a copy of the 29 conditions attached to the sixbedroom establishment at Apollo Dve was sent to Mr Russell's Melbourne-based agent William Albon on Tuesday.

The permit states development of the brothel must start within two years from its issue date with completion no later than four years from the date of permit.

Mr Albon said his client would fit in with that timetable easily.

"We're not going to mess about, we are going to get on with the job," Mr Albon said.

"We're getting into a period of adverse weather, but we should start (construction) the end of this month or early July."

Council approved the brothel in October, but a group of appellants, made up of several members of community group Social Impacts Regional Victoria, took the decision to the Victoria Civil and Administrative Tribunal.

On May 31 VCAT upheld council's decision.

Mr Albon said it had been a tough struggle and he was glad to be moving forward.

"The matter would appear now to be completely resolved," Mr Albon said.

"If the conservative forces want to have a go in the Supreme Court, now's the time to put up or shut up."

Mr Russell must now obtain a building permit and road opening/crossing permit from council in order for construction to begin.

Mr Albon said he was poised to do this later in the month.

Brothel applicant's agent cries foul

June 6 2006

Fallout over Shepparton's first legal brothel continues, with the agent of the brothel applicant accusing three appellants of abuse of power.

On Wednesday, the Victorian Civil and Administrative Tribunal upheld a decision to continue the development of a six-bedroom brothel, but William Albon is seeking clarification of testimony at the March hearing from objectors Joanne Atkinson and Dallas Terlich as well as key appellant Sondrae Johnson.

In October, Greater Shepparton City Council approved the Apollo Dve brothel.

Mr Albon said he would investigate the testimony of Mrs Atkinson, who said she worked for the Department of Justice, by calling on the department's secretary Penny Armitage!!!! Penny Armitage!.

"She opposed the application and said brothels weren't fit and proper," Mr Albon said.

"As a senior employee of the Department of Justice, was she stating policy of the Victorian Government?"

On Saturday, Mr Albon emailed counsel for the appellants, Rawl WatsonJones, and the tribunal seeking full audio transcripts which were recorded at the hearing by the objectors.

Mrs Atkinson said she was not speaking on behalf of her employer when she made the testimony.

"The request was for me to be there as a representative of Rumbalara and as a community member, not my employment," Mrs Atkinson.

Mr Albon said his investigation would also extend to Cr Johnson and Cr Terlich about whether the Local Government Act permitted a councillor to be an appellant to a decision by their own council.

"I will be calling on Candy Broad, Minister for Local Government, to determine if offences have been committed and if so for both to be disciplined, which may even mean their removal from public office," he said.

Cr Johnson laughed off his threats.

"My invitation to him is, go for it," she said.

"He hasn't won, it is a pyrrhic victory."

Cr Terlich said Mr Albon might have won this stage of the battle but he did not have the community's interests at heart.

"It certainly doesn't intimidate me," Cr Terlich said.

"I have more important things to deal with in the community."

Decision sadness

June 1 2006

Community members were left feeling let down yesterday after a tribunal hearing approved Shepparton's first legal brothel.

Shepparton resident Jim Olphert, who formally objected to Greater Shepparton City Council's decision last year, said while he knew the decision would probably go against his beliefs, he would continue not to support it.

"If you get one, you are going to get others," Mr Olphert said.

"It's going to break up marriages."

Fellow objector Ian Moorhouse from Tatura said he was disappointed when learning of the news.

"I couldn't think of any redeeming reason for having a brothel," Mr Moorhouse said.

St Brendan's Catholic Church's Monsignor Peter Jeffrey said it was a sad indictment on the relevant sections of state legislation.

"The decision reflects the fact that town planning legislation leaves little room for objections on the grounds of social impact and no room for objections on moral or ethical grounds," Mgr Jeffrey said.

It's not over yet'

June 1 2006

Sex will soon be for sale 24 hours a day, seven days a week in Shepparton, after an appeal to prevent the city's first brothel was thrown out.

The Victorian Civil and Administrative tribunal handed down its finding yesterday, affirming Greater Shepparton City Council's October 12 decision to grant a permit for a brothel at 45 Apollo Dve.

The six-bedroom brothel to be named Apollo 45, will be owned and operated by Robert Russell, who currently runs Four Seasons Escorts in Shepparton.

A consortium of appellants including Glen Cox, Sam Green, Katrina Mohamed, Mark Rumble, Craig Kelly, Joanne Atkinson, Andrew Fox, Sondrae Johnson and Dallas Terlich took the decision to VCAT in March, saying a brothel would undermine the social fabric of the city.

Single applicant Paul Cahill was also an objector at the hearing.

In a summary of their decision, tribunal members Jeanette Rickards and Laurie Hewet concluded the basis of the appeals was not sufficient to overturn council's decision.

"(We) are unable to reach the conclusion that the brothel will have a net adverse social (or economic) effect on Shepparton," the document read.

Appellant spokesman Mr Cox said the group was bitterly disappointed with the outcome, in particular the tribunal members' comments about the lack of social impact.

"Dallas (Terlich) and Mark (Rumble) who deal with the fallout daily (through their employment) see it differently," Mr Cox said.

He said he hoped someone would have the gumption to say no to brothels in the future and did not rule out appealing again, this time to the Supreme Court.

"It's not over yet," he said.

Mr Cox said even if a decision was made to abandon legal options, the brothel would be held strictly accountable.

"They are on notice," he said.

"They need to abide by every requirement."

Council planning manager Colin Kalms said council was pleased its decision had been upheld along with the 29 conditions it had placed on the permit based on concerns raised in objections.

"As planners we have to look at the merits of the planning permit, not necessarily the emotion or political processes that get involved," Mr Kalms said.

Brothel appeal decision nears

May 29 2006

The outcome of an appeal to prevent a brothel opening in Shepparton is imminent.

The result of a Victorian Civil and Administrative Tribunal hearing in March was expected to be handed down last month, but tribunal members Jeanette Rickards and Laurie Hewet are yet rule on the matter.

The News believes a finding should be handed down this week.

In October, Greater Shepparton City Council approved a planning permit application for 45 Apollo Dve to house a six-bedroom brothel, causing outrage among several community groups.

Councillors voted six to one in favour of the decision, with Cr Bruce Wilson the only abstainer.

A consortium including Glen Cox, Andrew Fox, Sam Green, Katrina Mohamed, Joanne Atkinson, Mark Rumble, Craig Kelly and Crs Sondrae Johnson and Dallas Terlich formally objected to council's decision, as did individual appellant Paul Cahill, prompting the hearing.

In March, the tribunal heard testimonies from sex workers and Shepparton citizens about the impact a brothel would have on the wider community.

Submissions were also heard from employees of brothel applicant Robert Russell, who currently runs Four Seasons Escorts in Shepparton.

If the council's decision is upheld, the appellants can appeal to the Supreme Court.

If no appeal is made, building work is scheduled to begin within the next few months in preparation for an opening early in the new year.

Sex worker launches assault on conditions

March 17 2006

If forced sex is considered rape then it is happening to women in the sex industry every day, sex worker Sian Isis says.

Speaking at a Victorian Civil and Administrative Tribunal hearing about a proposed legal brothel in Shepparton on Wednesday Ms Isis said she had been physically and mentally abused.

"(They've) held me down against my will," Ms Isis said.

"I've had clients that have grabbed hold of my hair and pulled my neck to the point it's given me headaches.

"It happens frequently (to the other girls) . . . even sometimes frequently on one shift."

She said sex workers were also constantly degraded by potential clients.

"They will do things like rub their hand up your thigh," Ms Isis said.

"They will try to fondle your breast, put their hand on your backside.

"And that's just the physical stuff . . . then there's the verbal stuff that goes along with it."

She said there was also a constant pressure to partake in unsafe sex because it attracted more money.

"I make it quite clear in my intros that there are boundaries and there are rules, and that it is my body," Ms Isis said.

"Because I'm so strict with what goes on in my bookings, I generally do lose a lot of clients.

"I won't do unsafe sex practices."

Since joining the industry two years ago, Ms Isis has worked in 17 legal brothels.

She said the industry had a severe lack of measures and controls to protect workers' rights.

"If you are on shift, if you are on roster or you're in the building you are expected to work," Ms Isis said.

"If you are the sort of girl who is picky . . . the receptionist will say to you `You are on shift, he is a client, you will go in and introduce yourself.' "

Penalties such as being taken off the roster and losing money from bookings are just some of the practices Ms Isis says are enforced by brothel receptionists.

Having worked in other industries, she said the lack of training and workplace occupational health and safety was appalling.

"They assume that if you have a vagina, you know how to provide a service," Ms Isis said.

Not regulated by any union, Ms Isis said she was often chastised for educating other women about their rights under the Prostitution Control Act.

"In theory this (the Act) is great but in practice there is no support for women who work in the industry when it comes to workplace disputes," she said.

Greater Shepparton City Council approved a planning permit application in October for 45 Apollo Dve to house a six-bedroom brothel, with formal objections prompting the hearing.

Emotions run high at brothel hearing

March 16 2006

Emotive testimonies from sex workers and Shepparton citizens marked the final day of a Victorian Civil and Administrative Tribunal hearing about the city's proposed brothel.

Taking a day less than anticipated to hear submissions from all parties, tribunal members Jeanette Rickards and Laurie Hewet took recess on the issue yesterday, and are expected to make a decision about the brothel permit within four weeks.

Greater Shepparton City Council approved a planning permit application in October for 45 Apollo Dve to house a sixbedroom brothel, causing outrage among several community groups.

A consortium, including Glen Cox, Andrew Fox, Sam Green, Katrina Mohamed, Joanne Atkinson, Mark Rumble, Craig Kelly and newly reappointed appellants Crs Sondrae Johnson and Dallas Terlich formally objected to council's decision, as did individual appellant Paul Cahill, prompting the hearing.

Mr Rumble, Cr Terlich and Mrs Atkinson gave evidence to support their objection by speaking of the potential and real impacts of legal and illegal prostitution on children and the indigenous community in the area.

Metropolitan-based sex worker Sian Isis spoke openly for the objectors, discussing in graphic detail the social impacts on women involved in the industry including feeling degraded by clients and her issues surrounding occupational health and safety.

Mr Rumble said their legal representative Rawl Watson-Jones presented a succinct argument.

"What Rawl attempted to do was help the tribunal look at the bigger picture rather than just planning issues," Mr Rumble said.

"I am confident the argument was a sound argument and I hope the tribunal saw it the same way."

Rounding out the submissions, brothel applicant Robert Russell's Melbournebased agent William Albon called Four Seasons Escorts employee receptionist Vanessa Jones, who outlined workplace educational programs and conditions to highlight the support offered by Mr Russell at his current Shepparton establishment.

Mr Albon said he was thrilled by the way the process had gone, saying his and council's submissions were strong.

"We are confident that the reasoning and well-researched arguments we put forward will receive favourable consideration," Mr Albon said.

"The objections were revealed as having serious flaws in some of their arguments."

All parties were given the opportunity to consider any additional permit conditions should the tribunal members give a green light to the brothel.

The tribunal will send a written determination of its decision to all parties by post.

Hearing to determine brothel bid

March 14 2006

Shepparton will today host the first day of a three-day Victorian Civil and Administrative Tribunal hearing about the city's first brothel.

The brothel, approved by Greater Shepparton City Council for an Apollo Dve address in October, has been a major point of controversy within the city since its approval.

Appellants Glen Cox, Andrew Fox, Sam Green, Katrina Mohamed, Joanne Atkinson, Mark Rumble and Craig Kelly have taken the decision to VCAT on the basis a brothel would undermine the social values of the community.

Another appellant, Paul Cahill, will independently fight for the decision to be overturned.

Mr Cox said amendments to the appeal, brought to light late last month, had been accepted by the tribunal.

The hearing takes place at the council office in Welsford St from 10 am

Brothel appeal dispute

February 21 2006

Objectors to a brothel proposed for Shepparton have sought to amend their upcoming appeal at Victorian Civil and Administrative Tribunal.

But they are likely to have to fight to include them, after brothel applicant Robert Russell's agent said he would oppose any such bid.

Correspondence from applicants Glen Cox, Andrew Fox, Sam Green, Katrina Mohamed, Joanne Atkinson, Mark Rumble and Craig Kelly was sent to Mr Russell's Melbourne based agent William Albon this week indicating amendments specifically relating to the Prostitution Control Act 1994.

Objector spokesman Glen Cox said existing grounds would still be maintained in the appeal but after legal advice the group wanted to add more.

"We're claiming there has been a breakdown in the co-regulatory scheme between the planning scheme and the Prostitution Control Act," Mr Cox said.

"We're looking at policing and who's going to regulate them."

Mr Albon said he would not consent to the changes at this time in proceedings.

"We would not consent at this ridiculously late stage," he said.

"This is part of a systematic goal-postmoving exercise."

Mr Albon said even if VCAT allowed the amendments, they would not alter the case, in which he remained "supremely confident".

"This is a case of proving good Victorian planning law needs to be upheld and not become a plaything for the morally righteous," he said.

"Let's just bring the case and have responsible people decide the outcome."

Mr Cox said his counsel was still optimistic the group could negotiate with Mr Albon but if a resolution could not be reached it would go to a preliminary hearing.

In October Greater Shepparton City Council approved an Apollo Dve site for the city's first official brothel.

The VCAT appeal hearing is scheduled for March 14 to 17 in Shepparton.

Brothel debate `name calling' irks councillors

January 4 2006

Two Greater Shepparton City councillors have thrown their support behind community members opposed to the establishment of a brothel in Shepparton.

Mayor Jenny Houlihan and deputy mayor Dallas Terlich are concerned at continuing criticism of community members fighting the development through a Victorian Civil and Administrative Tribunal hearing scheduled for March 14.

The two councillors were particularly disappointed with the latest comments from William Albon, agent for brothel applicant Robert Russell, published in The News on Monday.

"We do not believe name calling is appropriate," Cr Houlihan said.

"People in the community have a right to protest and do it in a legal and enthusiastic way and within the bounds of what is proper.

"His (Mr Albon's) criticisms of those who express disapproval of the proposed brothel are unnecessary and unprofessional."

The allegations come after Mr Albon told The News on Monday he believed the hearing "gives the opportunity to a vocal minority to turn out in large numbers and sensationalise proceedings".

He added "fortunately senior tribunal members will guarantee any such circus is ignored."

Cr Houlihan said the latest comments from Mr Albon were "derogatory" and the community deserved more respect.

"This is only one of a series of comments . . . we are supporting the community, they are doing a great job and they should be respected," she said.

Brothel hearing date set

January 2 2006

Objections to the establishment of a brothel in Shepparton will be presented at a Victorian Civil and Administrative Tribunal hearing scheduled for March 14.

Greater Shepparton City Council approved plans for a brothel in Apollo Dve, Shepparton, in early October.

The three-day VCAT hearing will take place at council's offices.

Speaking on behalf of Social Impacts Regional Victoria, a group of concerned Shepparton residents, Glen Cox said the group was pleased to receive news of the hearing and was preparing a strong case with legal support to overturn the application.

He said council's new line-up, which includes three objectors to the brothel - Sondrae Johnson, deputy mayor Dallas Terlich and mayor Jenny Houlihan - was a clear reflection of the community's concerns about the brothel.

"We hope our recently elected council representatives will work with their community and present a strong and united front to VCAT," he said.

Cr Houlihan said those hoping for a refusal of the permit would have to put faith in VCAT.

"We've had legal advice that council can't overturn a permit granted by the previous council, so it all really comes down to the VCAT decision," she said.

Cr Houlihan said she personally hoped VCAT would take into consideration the social impact of having a brothel in the city.

"I hope they give greater weight to the social impacts," she said.

"Really, good planning decisions should be made in the interests of, and for, the long-term community benefit."

Speaking on behalf of brothel applicant Robert Russell, who runs Four Seasons Escorts in Shepparton, Melbourne-based agent William Albon said he was preparing a solid legal case in support of council's decision in favour of the brothel and remained confident.

"I'm pleased the matter has been listed for a tribunal hearing and pleased this matter of concern to a small number of the community has been listed in Shepparton," Mr Albon said.

"I recognise this gives the opportunity to a vocal minority to turn out in large numbers and sensationalise proceedings.

"Fortunately senior tribunal members will guarantee any such circus is ignored."

Appeal lodged against brothel

November 15 2005

Official Nod Given For Sex In The City

October 5 2005

Sex will soon be available for sale 24 hours a day, seven days a week in Shepparton, after a six-bedroom brothel was given the green light yesterday.

Approving a notice of decision to grant a permit for the Apollo Dve site at its scheduled monthly meeting, Greater Shepparton City Council voted six to one in favour of the brothel.

Dozens of residents besieged the council chambers on Welsford St to hear the decision, which sparked outrage from many who verbalised their displeasure in council's decision.

Photo Courtesy of http://aerialimpressions.com

Brothel Backers Invite Appeal

October 5 2005

Shepparton's first legal brothel will be known as Apollo 45.

Brothel applicant Mr Russell, who runs Four Seasons Escorts in Shepparton, and his Melbourne-based agent William Albon, unveiled the name yesterday, shortly after Greater Shepparton City Council handed down its recommendation to approve the planning permit.

Mr Albon said the decision to allow the Apollo Dve site to go ahead was a fantastic result which demonstrated the professionalism of Shepparton council officers.

"Councillors approved this because they support the legislation and regulations of the state," Mr Albon said.

"They never lost sight it was a planning matter and not an issue of moral standing."

He said council had not caved to unfounded public pressure.

"The group I refer to are the vocal minority," Mr Albon said.

"The conservative stiffs who ignore planning law and whip up hysteria in the community. We'd invite them, if they are of that mind to challenge us on this matter at VCAT."

Opponents to the brothel have 21 days to appeal the council's decision at the Victorian Civil and Administrative Tribunal.

If the decision is overturned it can then be appealed in the Supreme Court.

If no appeal is made, building work is scheduled to begin within the next few months in preparation for an early new year opening.

Mr Albon said once open, he would encourage Shepparton residents to look through the facility.

Mr Russell said he had received about 110 000 inquiries during the past five years about the desire for sexual services.

Sex in the city on agenda

Mr Albon said he received an "excellent" hearing and believed there was no reason why the application would not be approved.

"The decision was made 18 months ago to do a detailed research project to identify a site which met all of the planning requirements," Mr Albon said.

"The applicant has successfully run Four Season Escorts in Shepparton for five years and in that time has kept accurate statistics which demonstrate that in five years there has been 100 000 telephone calls to the business.

"The research has been done and we found a very clear, very strong demand for lawful sexual services in this community."

Yesterday council refused to comment on the application, and instead released a statement which confirmed a permit application had been received.

The statement said the application would be assessed in the coming weeks, during which time nearby property owners would be notified and it would be formally advertised for public comment.

Council also advised the application would be assessed according to the legislation and in the same manner as all applications.

The application has already received opposition from the Goulburn Valley Community Action Against Pornography group and state politicians who believe it would tarnish Shepparton's reputation.

State Member for Shepparton District Jeanette Powell and State Member for North Eastern Province Wendy Lovell expressed their opposition to the brothel.

"It is the community's opinion that should carry weight and I encourage all people who are against this application to lodge an objection with council," Ms Lovell said.

Mrs Powell raised the issue of brothel applications in parliament in December, calling on the Planning Minister to investigate options to give councils the option of refusing a brothel application.

She encouraged the council to seek community opinion.

"We should let the community make the decision about the type of environment we want our families to grow up in," Mrs Powell said.

Mr Albon said the brothel would create jobs in Shepparton.

"There will be no threat to the community in terms of the transmission of disease," he said.

"This will create jobs in the Shepparton area including a manager, administrations workers, book-keepers and, dare I say it, sex service providers."

Proposed brothel bothers businesses  

July 5 2005

Shepparton businesses operating near a vacant block earmarked for a brothel were yesterday shocked to learn of its planning application.

Planning applications for a sixbedroom brothel in Apollo Dve, Shepparton, were officially lodged with Greater Shepparton City Council on Friday.

The current block is bare as are the blocks next to the site, however businesses fill most of Apollo Dve and nearby Gemini Crt.

While the businesses were yesterday surprised to learn of a potential brothel in the area, most were taking the information in their stride.

Shepparton Stainless Steel director Warren Batey said while he questioned the morality of receiving sex for money he was not too fazed.

"I'm not stressed about it," Mr Batey said.

D and S Truck Repairs owner Don Dimstas said he did not think he would support the brothel's establishment.

Mr Dimstas was concerned about people hanging out or using drugs in the streets.

"We were forever finding condoms and syringes in the gutter," Mr Dimstas said. Michel Signs graphic designer Mark Parker said he was amazed to learn about the application. "But I suppose it's not unexpected in a place like Shepparton," Mr Parker said. TNT depot general manager Stuart Ward said it would not worry the business. "Honestly it doesn't worry me if someone wishes to use that service," Mr Ward said. "It's been around all our lives . . . but it's probably a sad thing that it has to come to that."