Siotis v Hurstville City Council [2012] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Siotis v Hurstville City Council [2012] NSWLEC 1338 Hearing dates: 19 November 2012 Decision date: 19 November 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development application No. 2012/DA-0057 for the fit out and use of an existing shop for tattoo use at 359 Stoney Creek Road Kingsgrove is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 2 and D. Catchwords: DEVELOPMENT APPLICATION: use of an existing shop for tattoo use Legislation Cited: Environmental Planning and Assessment Act 1979 Tattoo Parlours Act 2012 Category: Principal judgment Parties: George Siotis (Applicant) Hurstville City Council (Respondent) Representation: Mr C Stomo, barrister (Applicant) Mr P Rigg, solicitor (Respondent) Solicitors George Siotis (Applicant) - (Respondent) File Number(s): 10805 of 2012

Judgment 1COMMISSIONER: This is an appeal against the refusal by Hurstville City Council of Development Application No. 2012/DA-0057 for the fit out and use of an existing shop for tattoo use at 359 Stoney Creek Road Kingsgrove (the site). 2The proposed use will involve the relocation of an existing business from Carlton, fit out and refurbishment of the existing shop and specifically: 1. a reception desk area with seating at the front of the shop; 2. four wall partitions with four tiled treatment areas with a separate bed, bench top, cabinets and hand basins; and 3. three separate rooms separated by a curtain with a single massage bed. 3The numbers of staff proposed are 3 to 4 employees with the hours of operation from Tuesday to Friday from 11 am to 7 pm and Saturday from 9 am to 5 pm, by appointment only. 4The site is an irregular shaped allotment. It has a frontage of 7.4 m to Stoney Creek Road and a lane is located at the rear with vehicular access via a shared right-of-carriageway from Patrick Street. The site area is approximately 260 sq m. On-site parking is available for two vehicles at the rear of the shop from the right-of-carriageway. The site is part of a grouping of shops/commercial uses on both sides of Stoney Creek Road. 5The contentions raised by the council relate to: 1. the detrimental impact on the amenity and social environment of the locality, 2. the site is unsuitable, as is not sympathetic or supportive of the adjoining commercial area, and 3. an undesirable precedent. 6The application was recommended for approval by council staff although refused by the elected representatives of the council.