Zhang v Ashfield Municipal Council [2004] NSWLEC 259

Land and Environment Court of New South Wales

CITATION : Zhang v Ashfield Municipal Council [2004] NSWLEC 259 APPLICANT Hai Hang Zhang PARTIES : RESPONDENT Ashfield Municipal Council FILE NUMBER(S) : 10027 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Brothel - inappropriate location - social impact - management Ashfield Local Environmental Plan 1985 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Restricted Premises Act CASES CITED: DATES OF HEARING: 03-04/05/2004 DATE OF JUDGMENT: 06/01/2004

APPLICANT Mr D J Galpin, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10027 of 2004 Bly C 1 June 2004 Hai Hang Zhang Applicant

v Ashfield Municipal Council Respondent Judgment

Introduction 1. This appeal relates to a development application for the use of the first floors of the two adjoining premises at Nos. 293 and 295 Liverpool Road, Ashfield, as a brothel. The applicant has conceded that the premises above No. 295 have been operated without the necessary development consent as a brothel for a number of years. These premises are to be extended into No. 293 by making openings in the party wall. There are to be six working rooms with associated waiting, service and amenity rooms. Other minor internal building works are proposed.