Polly Roberts v Sydney City Council [2004] NSWLEC 83

Land and Environment Court of New South Wales

CITATION : Polly Roberts v Sydney City Council [2004] NSWLEC 83 revised - 20/04/2004 APPLICANT Polly Roberts PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11135 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- Brothel LEGISLATION CITED: South Sydney Local Environmental Plan 1998 CASES CITED: Baulkham Hills Council v Dixon Sands (Penrith) Pty Ltd (Unreported); Michael John Noble and Anor v Cowra Shire Council [2003] NSWLEC 178 DATES OF HEARING: 12-13/02/2004 DATE OF JUDGMENT: 03/15/2004

APPLICANT Mr J Johnson, barrister SOLICITORS Lang Gellert and Noonan LEGAL REPRESENTATIVES: RESPONDENT Mr C Leggat, barrister SOLICITORS Abbout Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11135 of 2003

Bly C

15 January 2004

Polly Roberts Applicant v

Sydney City Council Respondent

Judgment Introduction 1. On 6th December, 2001 the South Sydney City Council issued conditional development consent No. 314/2001 ("the existing consent") enabling the use of the first floor of the existing building at 36 - 36A Darlinghurst Road, Potts Point ("the premises") as a brothel. Condition 54 of that consent was to the effect that the brothel could operate for a period of 12 months as a trial and that, (unnecessarily) a further development application to continue the use may be lodged at the end of the trial.