Assad v Campbelltown City Council [2013] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: Assad v Campbelltown City Council [2013] NSWLEC 1114 Hearing dates: 17 June 2013. Decision date: 04 July 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (124/2012/DA-C) for alterations and additions to an existing brothel at 15 Blaxland Road, Campbelltown, is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibit 1, may be returned. Catchwords: DEVELOPMENT APPLICATION - alterations and additions to an existing brothel. Increase in intensity of use. Consistency with character of the area. Social and economic impacts on the locality and on the amenity of other uses. Legislation Cited: Campbelltown (Urban Area) Local Environmental Plan 2002 Environmental Planning and Assessment 1979 Cases Cited: Martyn v Hornsby Council [2004] NSWLEC 614 Category: Principal judgment Parties: Frank Assad (Applicant)

Campbelltown City Council (Respondent) Representation: Solicitors Mr M Mantei (Applicant)

Mr A Seton (Respondent) File Number(s): 10084 of 2013

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Campbelltown City Council (council) of a development application (124/2012/DA-C) for alterations and additions to an existing brothel at 15 Blaxland Road, Campbelltown (site). 2The issues in dispute between the parties are whether the proposal would: (i)result in an adverse social and economic impact on the locality and impact on the amenity of other uses (Contentions 1 and 4); (ii)be compatible with the emerging home based and family orientated character of the locality (Contentions 2 and 3); (iii)provide adequate safety and amenity for staff, clients and visitors (Contention 5); and (iv)create a precedent (Contention 7)