On the 31 March 2017, the NSW Land and Environment Court dismissed an appeal to modify the hours of operation for an existing brothel in Liverpool and revised the planning principle of Martyn v Hornsby Shire Council  NSWLEC 614.
Land and Environment Court Facts
The applicant sought to modify a condition of a development consent granted by the Liverpool City Council (the Council) in 1998. This modification would have extended the operating hours of the brothel.
The Council refused the application on the basis that the proposed “extended hours are not compatible with surrounding areas”, and “would give rise to unacceptable social impacts in the immediate locality”. Furthermore, the applicant “has not demonstrated a satisfactory justification for the proposed extended hours”.
Residents, objectors and other commercial operators in the area provided evidence in opposition of the extended hours.
Land and Environment Court Decision
The brothel was located in a B3 Commercial Core Zone under the Liverpool Local Environmental Plan 2008 (LEP 2008). Its use was characterised as a ‘sex services premises’, which was prohibited.