Simmons v Marrickville Council [2012] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: Simmons v Marrickville Council [2012] NSWLEC 1064 Hearing dates: 2 February 2012 Decision date: 20 March 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for alterations to an existing building at 100 Sydenham Road, Marrickville, for use as a brothel is refused. 3. The exhibits may be returned. Catchwords: DEVELOPMENT APPLICATION - Brothel whether the location of the brothel is appropriate Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2001 Marrickville Local Environmental Plan 2011 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Martyn v Hornsby Shire Council [2004] NSWLEC 614 Category: Principal judgment Parties: Andrew Simmons (Applicant)

Marrickville Council (Respondent) Representation: Counsel Mr M Staunton, barrister (Applicant)

Mr J Strati, solicitor (Respondent) Solicitors Sattler and Associates Pty Ltd (Applicant)

Marrickville Council (Respondent) File Number(s): 10915 of 2011

Judgment 1This is an appeal against the refusal by Marrickville Council (council) of a development application (DA201100234) under the Environmental Planning and Assessment Act 1979 (EPA Act) to convert an existing industrial building for use as a brothel at 100 Sydenham Road, Marrickville (the site). 2The proposal includes five working rooms, three waiting rooms, reception area and ancillary facilities with off street parking for two cars at the rear of the site (to be used by staff). The brothel is proposed to operate between 10am and 3am, seven days a week. The entry for patrons is off Sydenham Road. A second entry is provided for staff off Victoria Lane. An illuminated sign is proposed on the front facade. CCTV and security lighting will be located on all three facades. The brothel will employ five sex workers with one duty manager. 3The key issue between the parties is whether the location of the proposed brothel is appropriate. Council also raised contentions regarding the provision for parking and loading facilities and community safety.