A & S City Classic Pty Limited v North Sydney Council [2006] NSWLEC 346

Land and Environment Court of New South Wales

CITATION : A & S City Classic Pty Limited v North Sydney Council [2006] NSWLEC 346 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT A & S City Classic Pty Limited PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 11387 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Restrictive premises - brothel, proximity to other sensitive land uses, DCP clustering provision, amenity impacts, public interest

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

DATES OF HEARING: 4-5/05/2006

DATE OF JUDGMENT: 06/21/2006

APPLICANT Mr M. Baird, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms H. Irish, barrister SOLICITORS Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 June 2006

11387 of 2005 A & S City Classic Pty Limited v North Sydney Council

JUDGMENT

Background. 1 This appeal was lodged against council's refusal of a development application for the use of premises at 407 Pacific Highway, Crows Nest, as a brothel. For the appeal, the following issues were identified: + appropriateness of the location, considering its relationship and proximity to other sensitive land uses, + amenity impacts on the neighbourhood, concerning overlooking, noise and light spill, + car parking.