Fang Lin & anor v Sydney City Council [2005] NSWLEC 95

Land and Environment Court of New South Wales

CITATION : Fang Lin & anor v Sydney City Council [2005] NSWLEC 95

Applicant: Fang Lin and J Wong PARTIES : Respondent: Sydney City Council

FILE NUMBER(S) : 11285 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :- brothel

DATES OF HEARING: 07/03/2005 and 08/03/2005 EX TEMPORE JUDGMENT DATE : 03/08/2005

Applicant: Mr S Klinger, solicitor LEGAL REPRESENTATIVES: Respondent: Mr R Graham, solicitor of Abbott Tout

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

8 March 2005

11285 of 2004 Fang Lin and J Wong v Sydney City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Sydney City Council (the council) of a development application to use No 217 Cleveland Street, Redfern as a brothel. The applicant seeks a consent limited to one year.

The site 2 The site is at the corner of Cleveland and Pitt Streets. Opposite is Prince Alfred Park. Diagonally opposite is the Cleveland Street Intensive English High School. Adjoining to the west is 215 Cleveland Street, a terrace house attached to the subject property, sharing a common wall. On the other side of Pitt Street is the Redfern Mail Exchange. To the south of the site, on the west side of Pitt Street are residential properties, of which the closest is an apartment building at 22 Pitt Street. 3 The subject building is two-storeys with an attic. The ground floor contains a waiting area, a bedroom, a kitchen and a staff room. On the first floor there are three bedrooms. The attic floor contains one bedroom.