Hang H v Strathfield MC [2005] NSWLEC 99

Land and Environment Court of New South Wales

CITATION : Hang H v Strathfield MC [2005] NSWLEC 99

APPLICANT Hong Hang

PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 11005 of 2004

CORAM: Hoffman C

KEY ISSUES: Appeal :- brothel at Industrial Bay No. 2 - adequacy of parking - proximity to parks and residential areas and community facilities - safety of staff and customers.

Strathfield Development and Control Plan No. 15 - Establishment of Brothels LEGISLATION CITED: Strathfield Planning Scheme Ordinance 1969 Draft Strathfield Local Environmental Plan 2003

DATES OF HEARING: 21/01/2005 and 22/02/2005 EX TEMPORE JUDGMENT DATE : 02/22/2005

APPLICANT Mr D J Galpin, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms J Wauchope, solicitor instructed by Maddocks solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

22 February 2005

11005 of 2004 Hong Hang v Strathfield Municipal Council

JUDGMENT 1 This was a Class 1 appeal No 11005 of 2004 between Hong Hang and Strathfield Municipal Council in regard to the refusal of application 0304/276 for the use of a brothel at Industrial Bay No 2 at 81-89 Cosgrove Road, Strathfield South being Lot 2 in Strata Plan 67469.

2 The brothel was in operation at the time of hearing. It had on the ground floor, the entry, lobby, office and TV surveillance room, two waiting rooms, toilets, a shower room, laundry, kitchen and a staff room and five customer service rooms. On the mezzanine level were two more customer service rooms and a toilet.