Peninsula Paradise Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Peninsula Paradise Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1095 Hearing dates: 15 April and 16 May 2014 Decision date: 23 May 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No.D/2013/1270 for the use of the premises as a massage premises and a sex services premises, including exterior alterations and internal reconfiguration, at 200-202 Harris Street, Pyrmont, is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 2, C and D, are returned. Catchwords: DEVELOPMENT APPLICATION: massage premises on the ground floor and sex services premises on the first floor; no issues raised by Respondent; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Peninsula Paradise Pty Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Mr M Staunton Barrister (Applicant) Mr P Clay SC (Respondent) Lawmark Solicitors (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10958 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2013/1270 for a sex services premises and a massage premises (the proposal) at 200-202 Harris Street, Pyrmont (the site) by the Council of the City of Sydney (the Council). 2The appeal was subject to mandatory conciliation on 14 February 2014, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 10 March 2014, pursuant to s 34(4) of the LEC Act.