Thaikiwi Pty Ltd v Sydney CC [2005] NSWLEC 576

Land and Environment Court of New South Wales

CITATION : Thaikiwi Pty Ltd v Sydney CC [2005] NSWLEC 576

APPLICANT Thaikiwi Pty Limited

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10794 of 2005

CORAM: Hoffman C

Development Application :- refusal of a brothel in a heritage building with with a mixture of residential flats and professional and commercial units - suitability of the site - amenity - plan of management - public interest. KEY ISSUES:

Environmental Planning and Assessment Act 1979 Central Sydney Local Environmental Plan 1996 LEGISLATION CITED: Draft Sydney Local Environmental Plan 2005 Sex Services Development control Plan 2003

DATES OF HEARING: 5/10/2005 EX TEMPORE JUDGMENT DATE : 10/05/2005

APPLICANT Mr Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Kondilios, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

5 October 2005

10794 of 2005 Thaikiwi Pty Limited v Sydney City Council

JUDGMENT 1 This is a Class 1 appeal, No. 10794 of 2005 between Thaikiwi Pty Limited and Sydney City Council in regard to the refusal of a brothel at Unit 10, Level 4 at No. 44 Bridge Street, Sydney. 2 The building is an Art Deco heritage listed building of eight-storeys. It has three strata units per floor in which there is a mix of residential flats and professional and commercial uses with a restaurant on the ground floor. There is a small entry lobby off Bridge Street with doors at the street and then another door with electronic security and intercom to each unit. Beyond the second door is a corridor to the single lift and to the fire stair and garbage room. Apparently the fire stair used to be unenclosed as a main stair shaft. The lift is relatively new but it gives a slow service speed.