Marrickville Council rejected an application to convert the industrial building at 100 Sydenham Road (Victoria Lane corner) into a brothel. The applicant appealed to the Land & Environment Court.  See – DA

The Court published its decision today: Simmons v Marrickville Council [2012] NSWLEC 1064

The Court rejected the development application saying, “the impact is not limited to physical impacts, but would also include the social impacts of the proposal.” (para 31)

The Court referred to the concerns that local residents expressed about the proposal as follows at para 19: 

“The objectors considered the proposed use to be incompatible with the use of Wicks Park which is ‘a community facility often frequented by local families.’  They stated that children use the playground & the tennis courts in the park, referring to a roster of children’s tennis lessons. They were also concerned with the proximity of the proposed brothel to their residences & the likely impact on their amenity. They raised concerns about the hours of operation (10am to 3am seven days a week) & the potential impacts from anti-social behaviour of patrons, security lighting & noise. They were also concerned about the lack of parking & loading facilities in an area which is already deficient in parking. In their opinion, the proposal was inconsistent with the planning controls for the area.”

Wicks Park Marrickville is directly across the road