So v Council of the City of Sydney [2017] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: So v Council of the City of Sydney [2017] NSWLEC 128 Hearing dates: 19 September 2017 Date of orders: 20 September 2017 Decision date: 20 September 2017 Jurisdiction: Class 1 Before: Moore J Decision: 1 The appeal is dismissed; 2 Development application D/2016/1846 for consent to internal fitout, external alterations to and use of premises at 8 Cunningham Street in the City of Sydney as "sex services premises (brothel)" is determined by refusal; and 3 The exhibits, other than Exhibits C, E, G and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – application for sex services premises (brothel) – proposed development is permissible – the proposed development is non-compliant with provisions of the development control plan – another brothel separated from premises by 45 m – proposed development breaches anti-clustering requirement of DCP – proposed development opposite residential premises contrary to requirement of DCP – safe access for mobility disadvantaged persons not able to be provided without works in public roadway – no Roads Act consent for such works – safe access for mobility disadvantaged persons not able to be provided without works on properties not in the ownership or control of the Applicant – no owner's consent for such works – development refused consent Legislation Cited: Environmental Planning and Assessment Act 1979, s 79C(3A) City of Sydney Development Control Plan, ss 1, 4 and 4.4.6.1 Roads Act 1993 Sydney Local Environmental Plan 2012, cll 2.3, 7.21 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338; [2009] NSWCA 226 Martyn v Hornsby Shire Council [2004] NSWLEC 614 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Yao v Liverpool City Council [2017] NSWLEC 1167 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Category: Principal judgment Parties: Michael So (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr M Campbell, solicitor (Applicant) Ms M Carpenter, barrister (Respondent)