Kemthong v Griffith City Council [2012] NSWLEC 1001

Kemthong v Griffith City Council [2012] NSWLEC 1001

The appropriate method of measuring separation is walking distance, not radial distance, which ensures the policy's objective to minimise social impact and nuisance is met. The site meets the numerical separation requirement, complies with qualitative and quantitative policy controls, and addresses objector concerns through adequate conditions.

Jurisdiction
Australia
Judgment Date
11 January 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'brothel Regulation' 'separation Distance' 'planning Controls']
['planning and Environment'] ['development Application' 'brothel Regulation' 'separation Distance' 'planning Controls']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Compliance with council's planning controls regarding brothel location" 'Measurement of separation distance from sensitive land uses' 'Impact of existing residential use on application']

Ratio Decidendi

The appropriate method of measuring separation is walking distance, not radial distance, which ensures the policy's objective to minimise social impact and nuisance is met. The site meets the numerical separation requirement, complies with qualitative and quantitative policy controls, and addresses objector concerns through adequate conditions.

Court Disposition

Appeal upheld

Orders

  • ['Appeal upheld' "Development application No. 62/2010 for internal alterations and use ground floor premises at No. 8 Hams Street, Griffith as a brothel is approved on the basis of a deferred commencement consent and subject to conditions included in Annexure 'A'." 'Exhibits, other than exhibits A and 1, are returned']