Lawyer feels discriminated by Fairfield Council

Ordered out: Andy Isho says he feels discriminated against by Fairfield Council after it ordered him to vacate his office late last year. Picture: Jeff de Pasquale

Ordered out: Andy Isho says he feels discriminated against by Fairfield Council after it ordered him to vacate his office late last year. Picture: Jeff de Pasquale

A LAWYER has been ordered to vacate his office in Wetherill Park despite having a development application approved to use the site as office space.

Andy Isho received a council order in December last year telling him he had to vacate because the premises at 1345 The Horsley Drive was zoned B5 Business Development.

Under the Fairfield Local Environment Plan 2013, a commercial premises comprising business, office or retail use is prohibited in that zone.

But there are at least six other businesses in the complex that are deemed commercial premises and yet none of those owners, except Mr Isho, have been ordered to leave.

"I feel discriminated [against]," he said.

"I can't understand why I have been singled out.

"The council changed the zoning in May last year but there was no explanation of the ramifications."

But a Fairfield Council spokesman said Mr Isho was not the only tenant issued with Orders, and Unit 19 was not the only unit in the complex being investigated.

"If any person has concerns about any other business that may be operating outside a lawful consent, they are able to lodge a formal complaint with the council," he said. 

The council did not elaborate further as to which businesses were being investigated.

In 2002, Fairfield Council approved a DA which allowed Mr Isho's unit, Lot 19, to be used for the purposes of storage and displaying building products, "as well as additional office space".

But a Fairfield Council Spokesman said approval was not granted for the sole use of the premises as an office space.

"Approval for the office spaces on the ground floor was ancillary to the main part of the business, being the display of building materials," he said.

"The business being conducted at the premises is not compliant with the 2002 Consent."

But Mr Isho said that since the DA was approved, he had been using the site as a solicitor's office for his business, Isho Lawyers, without any problems.

"When we first came here, the unit was already set up as an office," he said.

"But someone made a complaint about my business to the council and it was after that I received the order to leave," he said.

"I don't want to go through another move because not only will it affect my business but it will affect me financially, too."

Mr Isho said he told the council he would take the matter to court if he had to.

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