29 Enterprise Pty Limited v Ryde City Council [2008] NSWLEC 1339

29 Enterprise Pty Limited v Ryde City Council [2008] NSWLEC 1339

The proposed brothel's location within an industrial area, sufficient distance from sensitive uses, and lack of evidence of regular gathering of children in proximity meant the location criteria under the DCP 2006 and principles in Martyn were satisfied. Parking and access, with agreed conditions including a relocated disabled space and ramp modifications, were adequate. Disabled access from the carpark meets legal requirements, and further access improvements are not feasible without unjustifiable hardship. A one year trial period is a suitable condition of consent under DCP provisions.

Parties
Applicant: 29 Enterprise Pty Limited; Respondent: Ryde City Council
Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Development Application Appeal / Ex Tempore Judgment on Appeal
Outcome
Appeal upheld; development application approved for one year trial with conditions.
Legal Topics
Development Applications, Brothels, Access for People With Disability, Local Government Planning Controls
Planning Law Administrative Law Discrimination Law Development Applications Brothels Access for People With Disability Local Government Planning Controls

Case Brief

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Parties

29 Enterprise Pty Limited

Applicant

Ryde City Council

Respondent

Procedural Posture

Development Application Appeal / Ex Tempore Judgment on Appeal

Legal Issues

  1. 1 Whether the location is appropriate for a brothel in relation to proximity to residential areas, schools, a bus stop, and places used by children
  2. 2 Whether ramp access and parking arrangements are acceptable
  3. 3 Whether adequate pedestrian access for people with a disability is provided

Ratio Decidendi

The proposed brothel's location within an industrial area, sufficient distance from sensitive uses, and lack of evidence of regular gathering of children in proximity meant the location criteria under the DCP 2006 and principles in Martyn were satisfied. Parking and access, with agreed conditions including a relocated disabled space and ramp modifications, were adequate. Disabled access from the carpark meets legal requirements, and further access improvements are not feasible without unjustifiable hardship. A one year trial period is a suitable condition of consent under DCP provisions.

Court Disposition

Appeal upheld; development application approved for one year trial with conditions.

Orders

  • The appeal is upheld.
  • The development application (949/2007) for internal changes to 2/36-42 Buffalo Road, Gladesville for use as a 13 room brothel is approved, for a one year trial, subject to specified conditions.