Kim v City of Ryde Council [2020] NSWLEC 1340

Land and Environment Court New South Wales

Medium Neutral Citation: Kim v City of Ryde Council [2020] NSWLEC 1340 Hearing dates: 20 July 2020 Date of orders: 03 August 2020 Decision date: 03 August 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. LDA2019/78 seeking consent for the change of use of part of the ground floor of the building to a 'business premises' to accommodate a tattoo parlour at 31 Cobham Avenue, Melrose Park subject to the conditions in Annexure A. (3) All Exhibits are returned except for Exhibit A. Catchwords: DEVELOPMENT APPLICATION – change of use – suitability of the site for the development – objectives of the B1 Neighbourhood Centre zone – weight given to resident submissions Legislation Cited: Environmental Planning and Assessment Act 1979 Roads Act 1993 Ryde Local Environmental Plan 2014 Cases Cited: New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) LEP Practice Note 'Preparing LEPs using the Standard Instrument: standard zones' NSW Department of Urban Affairs and Planning, Crime prevention and the assessment of development applications: Guidelines under section 79C of the Environmental Planning and Assessment Act 1979, (April 2001) NSW Fair Trading, "Licensing information for tattooists and operators", <https://www.fairtrading.nsw.gov.au/trades-and-businesses/business-essentials/information-for-specific-industries/tattoo-parlours> accessed 21 July 2020 W G Jennings, B H Fox, D P Farrington, "Inked into Crime? An Examination of the Causal Relationship between Tattoos and Life-Course Offending among Males from the Cambridge Study in Delinquent Development" (2014) 42(1) Journal of Criminal Justice 77 Category: Principal judgment Parties: Peter Kim (Applicant) City of Ryde Council (Respondent) Representation: Counsel: P Holland (Solicitor) (Applicant) Dr S Berveling (Respondent)