Cirillo v Council of the City of Sydney [2018] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Cirillo v Council of the City of Sydney [2018] NSWLEC 1018 Hearing dates: 5, 6 June and 12 October 2017 Date of orders: 25 January 2018 Decision date: 19 January 2018 Jurisdiction: Class 1 Before: Martin SC Decision: Directions at paragraph [156] Catchwords: DEVELOPMENT APPLICATION – actual refusal – restricted premises – change of use of premises from night club to striptease club – social impact of development particularly on LGBTIQ community – attraction of criminal element – characteristics of patrons of striptease clubs – risk of event does not make it likely - Plan of Management – trial period - hours of operation – weight to be given to DCP Legislation Cited: Environmental Planning and Assessment Act 1979 Liquor Act 2007 Sydney Development Control Plan 2012 Sydney Local Environmental Plan 2012 Cases Cited: Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 at [72] New Century Developments Pty Ltd v Baulkham Hills Shire Council 127 LGERA 303 at [62] – [63] Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 at [54] So v Council of the City of Sydney [2017] NSWLEC 128 Zhang v Canterbury City Council [2001] NSWCA 167 (2001) 115 LGERA 373 Texts Cited: Erickson and Tewksbury (2000) "The gentlemen in the club: A typology of strip club patrons", Deviant Behaviour, Vol 21, No 3, pp 271-293 Hanna (2005) "Exotic Dance as Adult Entertainment: A Guide for Planners and Policy Makers", Journal of Planning Literature 20(2) 116-34. Queensland Crime and Misconduct Commission (2004) Regulating Adult Entertainment: A Review of the Live Adult Entertainment Industry in Queensland Category: Principal judgment Parties: Giovanni Cirillo (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Mr P Clay SC (days 1 and 2); and Mr M Seymour (day 3) (Respondent)