Artazan Property Group P/L v City of Sydney Council [2012] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Artazan Property Group P/L v City of Sydney Council [2012] NSWLEC 1164 Hearing dates: 16-18 April 2012 Decision date: 18 June 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No D/2011/566 for an extension of an existing sex premises is approved subject to the conditions in Annexure A and the Plan of Management in Annexure B. 3. The exhibits are returned except for exhibits 1, 8, 9, 10, A and J. Catchwords: DEVELOPMENT APPLICATION: extension of existing brothel, appropriateness of location, FSR, parking and traffic impacts and the public interest and weight to be given to the draft LEP. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: AJA Trading Pty Ltd v Waverley Council [2005] NSWLEC 253 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 ROI Properties Pty Ltd v Council of the City of Sydney [2001] NSWLEC 1023 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Artazan Property Group (Applicant) Sydney City Council (Respondent) Representation: Counsel Mr Peter Tomasetti SC (Applicant) Ms Sandra Duggan SC (Respondent) Solicitors Henry Davis York (Applicant) City of Sydney Council (Respondent) File Number(s): 10946 of 2011