Zhou v Sutherland Shire Council [2008] NSWLEC 1147

Land and Environment Court of New South Wales

CITATION : Zhou v Sutherland Shire Council [2008] NSWLEC 1147

APPLICANT Su Qiau Zhou PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10131 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- brothel - adequate seperation to sensitive land uses

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2006 Interpretation Act 1987

CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 15/04/08

DATE OF JUDGMENT: 23 April 2008

APPLICANT Mr M McMahon, solicitor SOLICITORS M E McMahon & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms J Amy, solicitor SOLICITORS Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 April 2008

10131 of 2008 Su Qiau Zhou v Sutherland Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA07/1452 by Sutherland Shire Council (the council) for the use of Unit 2/167 Taren Point Road Caringbah (the site) as a brothel.

2 The principal issue in the proceedings was whether there was an appropriate separation from a number defined sensitive land uses and how this separation should be measured. The site 3 The site has a frontage to Taren Point Road of 12.24 m, a depth of 60.96 m and an overall site area of 756 sq m. The proposed brothel is located within one of two industrial units located on the site. It is located at the rear of the site with in a battle axe configuration with vehicular access running along side Unit 1. Parking is provided directly adjoining Unit 2. The character of the area is principally industrial in nature with other land uses such as a hotel and fast food outlets located near the site. The proposal 4 The proposal provides for the use of Unit 2 as a brothel between the hours of 5.00 p.m. and midnight daily. Two sex workers are to operate from the premises. Some alterations are proposed to the existing internal layout of Unit 2 including modifications to an existing bathroom, new ceilings and the installation of showers within the working rooms. A mezzanine area has been constructed within the building but not with the approval of the council. The application proposes to deny access to the mezzanine area through the construction of a new internal stud wall. Relevant planning controls 5 The site is within Zone 11 - Employment under Sutherland Shire Local Environmental Plan 2006 (LEP 2006). Brothels are a permissible use with consent within this zone.