Song v City of Sydney Council [2014] NSWLEC 1162

Song v City of Sydney Council [2014] NSWLEC 1162

There is no planning basis for refusal of the application for ten sex workers at any one time; trial period for evening operation is appropriate; increase in numbers serves operational needs without unacceptable amenity impact.

Parties
Applicant: Mr Tom Song; Respondent: City of Sydney Council
Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Appeal / Modification of Development Application
Outcome
Appeal upheld
Legal Topics
Modification of Development Consent, Brothels Regulation, Amenity Impacts, Existing Use Rights
Planning and Environmental Law Modification of Development Consent Brothels Regulation Amenity Impacts Existing Use Rights

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Parties

Mr Tom Song

Applicant

City of Sydney Council

Respondent

Procedural Posture

Appeal / Modification of Development Application

Legal Issues

  1. 1 Whether an increase in the number of sex workers in excess of workrooms results in unacceptable amenity impacts
  2. 2 Whether planning controls and zone objectives preclude the modification sought
  3. 3 Whether statutory controls under the LEP and DCP restrict the number of sex workers

Ratio Decidendi

There is no planning basis for refusal of the application for ten sex workers at any one time; trial period for evening operation is appropriate; increase in numbers serves operational needs without unacceptable amenity impact.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Increase in work rooms to seven and maximum number of ten sex workers at the premises approved in accordance with conditions discussed in judgment.