Relaxing Centre Pty Limited v Sutherland Shire Council [2007] NSWLEC 487

Relaxing Centre Pty Limited v Sutherland Shire Council [2007] NSWLEC 487

The proposed brothel was permissible in the 4C zone and cumulative impact and proximity to the retirement village did not warrant refusal, but the premises, car parking and staff facilities could not accommodate the intensity proposed with three working rooms. Approval was therefore appropriate only in part, by deferred commencement consent requiring amended plans reducing the premises to two working rooms, enlarging staff and waiting/office areas, providing discrete signage, allocating four parking spaces and adequate manoeuvring areas, and limiting consent to a twelve month trial period.

Jurisdiction
Australia
Judgment Date
14 June 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After Hearing
Outcome
Appeal upheld in part; development application approved subject to deferred commencement and conditions.
Legal Topics
['development Application' 'brothel' 'development Control Plan' 'car Parking' 'deferred Commencement Consent' 'time Limited Consent' 'amenity Impacts' 'signage']
['planning and Environment Law'] ['development Application' 'brothel' 'development Control Plan' 'car Parking' 'deferred Commencement Consent' 'time Limited Consent' 'amenity Impacts' 'signage']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether the development application for a brothel at 64 Alexander Avenue, Taren Point should be approved despite Sutherland Shire Council's refusal." "Whether the proposal complied with Sutherland Shire Council's Brothels and Sex Shops Development Control Plan, including cumulative impact and proximity criteria." 'Whether the proposed number of working rooms and employees could be supported by the available car parking and internal amenity.' 'Whether consent should be deferred and time limited to enable amended plans and monitoring of impacts.']

Ratio Decidendi

The proposed brothel was permissible in the 4C zone and cumulative impact and proximity to the retirement village did not warrant refusal, but the premises, car parking and staff facilities could not accommodate the intensity proposed with three working rooms. Approval was therefore appropriate only in part, by deferred commencement consent requiring amended plans reducing the premises to two working rooms, enlarging staff and waiting/office areas, providing discrete signage, allocating four parking spaces and adequate manoeuvring areas, and limiting consent to a twelve month trial period.

Court Disposition

Appeal upheld in part; development application approved subject to deferred commencement and conditions.

Orders

  • ['The appeal in respect of the premises known as 64 Alexander Avenue, Taren Point is upheld in part.' "The development application submitted to Sutherland Shire Council for a brothel is approved subject to the conditions contained in Annexure 'A': (This includes: a deferred commencement condition that requires an...