Martyn v Hornsby Shire Council [2004] NSWLEC 614

Martyn v Hornsby Shire Council [2004] NSWLEC 614

The proposed site for the brothel was found unsuitable principally because it adjoins a residential allotment in a residential area and its entrance adjoins that of a college attended by young women, likely causing adverse economic and social impacts on the college and its students.

Parties
Applicant: Yada Martyn; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
05 November 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Brothels, Planning Principle, Zoning
Planning and Environment Development Application Brothels Planning Principle Zoning

Case Brief

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Parties

Yada Martyn

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the site is suitable for use as a brothel
  2. 2 Whether the lack of on-site parking is acceptable

Ratio Decidendi

The proposed site for the brothel was found unsuitable principally because it adjoins a residential allotment in a residential area and its entrance adjoins that of a college attended by young women, likely causing adverse economic and social impacts on the college and its students.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application for a change of use to a brothel of the premises lot 7 DP 14023 known as 373 Pennant Hills Road, Pennant Hills is determined by refusal.