Song v Hornsby Shire Council [2011] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: Song v Hornsby Shire Council [2011] NSWLEC 1100 Hearing dates: 21 April 2011 Decision date: 21 April 2011 Before: Hussey C Decision: Consent orders granted Catchwords: Development application; Brothel, car parking, site suitability, public safety, hours of operation Legislation Cited: EP&A Act 1979. Hornsby LEP 1994 Category: Principal judgment Parties: Mr Tim Song (Applicant)

Hornsby Shire Council (Respondent) Representation: Mr M Staunton (Applicant) Mr A Seton (Respondent) File Number(s): 10015 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the conversion of the building at 142 George Street Hornsby and its subsequent use as a brothel. 2The application was subject to a detailed planning assessment that included the relevant planning control provisions and considerations. Reference was also was made to the court's planning principle for brothel location. However a number of objections were lodged against the proposal and the overall merits of the proposal were then assessed. 3Consequently, the application was recommended for conditional approval but was refused by council. Subsequent to the appeal being lodged, discussions between the parties resulted in their agreement to consent orders. 4The consent orders were notified to the objectors, together with details of today's hearing. Mr McDonald gave further evidence concerning the location of the brothel and its potential to cause adverse impacts on children who pass the premises. Also its likely adverse impacts on other nearby businesses. 5Mr C Blyth, the applicant's consulting town planner also provided a position paper, which addressed the concerns of the objectors. Consequently, he supports the conditional approval of the application.