Kemthong v Griffith City Council [2012] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Kemthong v Griffith City Council [2012] NSWLEC 1001 Hearing dates: 13 December 2011 Decision date: 11 January 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION - brothel; proximity to place frequented by children; measurement of separation distance Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act, 1979 Griffith Local Environmental Plan 2002 Cases Cited: Martyn v Hornsby Shire Council [2004] NSWLEC 614 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Texts Cited: APPROVALS - Development Restricted Premises and Brothels; Food Standards Code Category: Principal judgment Parties: Chutima Kemthong (Applicant)

Griffith City Council (Respondent) Representation: Mr P Vergotis DLA Piper Australia (Applicant)

Mr S Griffiths Pikes Lawyers (Respondent) File Number(s): 10902 of 2011

Judgment 1Ms Kemthong sought consent from Griffith City Council to carry out internal alterations and use ground floor premises at No. 8 Hams Street, Griffith as a brothel. The council refused that application, Development Application No. 62/2010 and the applicant is appealing that decision. 2The agreed issues in the matter and whether the proposal complies with the council's planning controls, particularly in relation to separation distances from sensitive land uses, and whether there is a conflict between the proposed use and an existing dwelling on the site that does not form part of the application.