Rosawan Pty Ltd v Council of the City of Sydney [2005] NSWLEC 630

Land and Environment Court of New South Wales

CITATION : Rosawan Pty Ltd v Council of the City of Sydney [2005] NSWLEC 630

APPLICANT Rosawan Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10129 of 2005

CORAM: Moore C

Development Application :- KEY ISSUES: Use of premises as a brothel .

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Manzie v Willoughby City Council [1996] NSWLEC 26

DATES OF HEARING: 25 October 2005 EX TEMPORE JUDGMENT DATE : 10/25/2005

APPLICANT Mr P Larkin, barrister INSTRUCTED BY Spiegel & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr C Leggatt SC INSTRUCTED BY Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

25 October 2005

10129 of 2005 Rosawan Pty Ltd v Sydney City Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 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) 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, is in fact entered from Cleveland Street, a busy arterial road. 2 The proposed use is to take place on the first floor of the site, with the brothel operating from 2pm until 4am the following day, seven days per week.