Boston Blyth Fleming v Kogarah City Council [2011] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blyth Fleming v Kogarah City Council [2011] NSWLEC 1050 Hearing dates: 2 March 2011 Decision date: 02 March 2011 Before: Morris C Decision: 1. The appeal is upheld. 2. Development Application No. 384/2010 for the fitout and use of an existing building at Lot 6 DP 217221 No. 65 Planthurst Road, Carlton for the purposes of a brothel is approved subject to the conditions in Annexure "A". 3. The exhibits, other than Exhibit A, can be returned. Catchwords: Consent Orders; Brothel; Proximity to sensitive land uses; Development Standards; SEPP 1 objection. Legislation Cited: Environmental Planning and Assessment Act, 1979; Kogarah Local Environmental Plan 1998; State Environmental Planning Policy No 1 - Development Standards Texts Cited: Development Control Plan No. 15 - Regulation of Brothels Category: Principal judgment Parties: Boston Blyth Fleming (Applicant) Kogarah City Council (Respondent) Representation: Counsel: Mr M Staunton, Barrister (Applicant) Ms C Schofield (Respondent) Solicitors: Sattler & Associates (Applicant) Pikes Lawyers (Respondent) File Number(s): 11067 of 2010

Judgment 1This is an appeal under s 96(1) of the Environmental Planning and Assessment Act, 1979 (the Act) against the deemed refusal by Kogarah City Council (the council) of a development application which seeks the use of an existing building at No. 65 Planthurst Road, Carlton (the site) as a brothel. 2Leave was granted during the proceedings to change the applicant to Boston Blyth Fleming, the applicant responsible for lodgement of the original development application to the council. 3The issues between the parties have been resolved and they are seeking orders from the Court.