Martyn v Hornsby Shire Council [2004] NSWLEC 614

Land and Environment Court of New South Wales

CITATION : Martyn v Hornsby Shire Council [2004] NSWLEC 614 Applicant: Yada Martyn PARTIES : Respondent: Hornsby Shire Council FILE NUMBER(S) : 10788 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- planning principle: location of brothels LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Zhang v Ashfield Municipal Council [2004] NSWLEC 259 DATES OF HEARING: 26/10/2004 and 27/10/2004 DATE OF JUDGMENT: 11/05/2004

Mr M Baird, barrister LEGAL REPRESENTATIVES: Mr I Woodward, solicitor of Storey & Gough Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

5 November 2004

10788 of 2004 Yada Martyn v Hornsby Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Hornsby Shire Council (the council) of a development application for a change of use to a brothel of the premises on lot 7 DP 14023, known as 373 Pennant Hills Road, Pennant Hills.

The site 2 The site fronts to the east side of Pennant Hills Road near the overhead pedestrian bridge to the railway station. Its frontage is 6m and its area 83m2. To the north it adjoins a pedestrian pathway, to the east a residential allotment, No 1 The Crescent, and to the south a two storey commercial building. The ground floor of the commercial building is occupied by a video store, while a beauty therapy college (the Sydney College of Skin Care) is located on the first floor. Across Pennant Hills Road is a hotel. 3 A single storey brick building, set back 2m from the road, now occupies the site. The applicant proposes to adjust the internal layout for the needs of a brothel. The internal arrangements are not in dispute.