Kim v Council of the City of Sydney [2006] NSWLEC 799

Land and Environment Court of New South Wales

CITATION : Kim v Council of the City of Sydney [2006] NSWLEC 799

APPLICANT J Y Kim PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10647 of 2006

CORAM: Moore C

Development Application :- KEY ISSUES: Brothel Anti-clustering provisions of DCP

Rosawan Pty Ltd v Council of the City of Sydney [2005] NSWLEC 630; Zhang v Canterbury City Council (2001) 115 LGERA 373; CASES CITED: Martyn v Hornsby Shire Council [2004] NSWLEC 614; City of Sydney Council v De Cue Pty Ltd [2006] NSWLEC 763; Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 23 November 2006

DATE OF JUDGMENT: 12/22/2006

APPLICANT LEGAL REPRESENTATIVES: Mr P Larkin, barrister INSTRUCTED BY Spiegel & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

22 December 2006

06/10647 J Y Kim v Council of the City of Sydney

JUDGMENT 1. COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the Council of the City of Sydney (the council) of Development Application D/2006/661 to permit commercial premises at 134 Abercrombie Street, Chippendale (the site) to be used for the purposes of a brothel. The site, although with a street address of Abercrombie Street (a busy arterial road), is in fact entered from Cleveland Street, another busy arterial road.