Huang v Hurstville City Council

Huang sought leave to appeal to the Court of Appeal from a decision of the Land and Environment Court. The dispute concerned the interpretation of Hurstville Local Environmental Plan 1994 and whether certain provisions relating to the location of premises used for sex services constituted "development standards" within the meaning of the *Environmental Planning and Assessment Act 1979*.

The central legal issue before the Court of Appeal was whether the Land and Environment Court had erred in law in its determination of this question. Specifically, the court had to consider whether the provisions of the Hurstville Local Environmental Plan concerning the location of sex service premises were properly characterised as development standards under the Act.

The Court of Appeal, applying principles established in previous decisions, concluded that there were no special features of the case that warranted granting leave to appeal. The court found that the Land and Environment Court had correctly applied the relevant legal principles in its assessment of the provisions in question.

Consequently, the application for leave to appeal was dismissed with costs.