Recently, in Yao v Liverpool City Council (Yao) [2017] NSWLEC 1167 the Land and Environment Court’s planning principle in relation to brothels was updated from the principles enunciated in Martyn v Hornsby Shire Council (Martyn) [2004] NSWLEC 614.
The planning principles in Martyn had been in operation for 13 years, and, in some instances, had been overtaken by development controls provisions in individual council development control plans.