Fowler & Anor v Canterbury City Council [2010] NSWLEC 1089

Fowler & Anor v Canterbury City Council [2010] NSWLEC 1089

The small scale of the brothel, limited hours, main entry oriented away from residences, and compliance with management conditions ensure amenity objectives are met despite non-compliance with separation distance; discretionary approval is appropriate.

Parties
Applicant: Bruce Fowler; Applicant: Wang Guo; Respondent: Canterbury City Council
Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Appeal Against Refusal of Development Application / Judgment on Appeal
Outcome
appeal upheld
Legal Topics
Development Application, Brothels, Adverse Amenity, Car Parking, Disabled Access
Planning Law Development Application Brothels Adverse Amenity Car Parking Disabled Access

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Parties

Bruce Fowler

Applicant

Wang Guo

Applicant

Canterbury City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Judgment on Appeal

Legal Issues

  1. 1 Consistency with zone objectives
  2. 2 Site suitability regarding internal facilities and health/safety
  3. 3 Compliance with separation distance from residential areas

Ratio Decidendi

The small scale of the brothel, limited hours, main entry oriented away from residences, and compliance with management conditions ensure amenity objectives are met despite non-compliance with separation distance; discretionary approval is appropriate.

Court Disposition

appeal upheld

Orders

  • Development consent granted for use of 269 Canterbury Road, Canterbury as a brothel for a trial period of 3 years subject to conditions of consent in Annexure A.
  • Deferred commencement for 2 years to complete required upgrades before operation resumes.