Hong Hang v Holroyd City Council [2005] NSWLEC 741

Land and Environment Court of New South Wales

CITATION : Hong Hang v Holroyd City Council [2005] NSWLEC 741

APPLICANT Hong Hang v Holroyd City Council PARTIES :

FILE NUMBER(S) : 10024 of 2005

CORAM: Hussey C

KEY ISSUES: Costs :- The use of a cottage as a brothel.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Statewide Developments Pty Ltd v Minister for Infrastructure and Planning [2005] NSWLEC 353

DATES OF HEARING: 15/09/2005

DATE OF JUDGMENT: 12/23/2005

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr G. McKee, solicitor of McKees Legal Solutions

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

16 September 2005

10024 of 2005 Hong Hang v Holroyd City Council The following decision and orders were handed down (orally) extempore on 16 September 2005. Some minor alterations and additions have been made in the interests of clarity and completeness.

JUDGMENT Background 1 The matter concerns council's refusal of a development application for the use of premises at 170/179 Military Road, Guildford for a brothel. The development application basically comprises two stages involving:

· No. 178; which is the existing 411 sq m allotment containing an older style fibro cottage, with large shed in the rear yard. The proposal involves upgrading this cottage and its use as a brothel with two workrooms, for a period of 12 months. This limited term consent is requested by the applicant to enable the construction of a purpose-built brothel on the adjoining property 179. · No. 179; is the adjoining 411 sq m allotment that contains a single story light industrial premises previously used as a mechanical workshop. The proposal 2 The proposal is for the upgrading and interim use of No. 178 as the brothel for 12 months. To facilitate this it is proposed to: