Kirkcaldy Street brothel plans approved by Bathurst council

Bathurst Regional Council resolved to grant consent to the development application at Wednesday night's council meeting, despite significant objection from the community.

The brothel, proposed for a vacant site at 8 Kirkcaldy, will be built from scratch and, once complete, operate 24 hours a day, seven days a week.

There are plans for the sex services premises to include 10 work rooms, staff facilities, a reception and waiting area, and various amenities.

Two car parking areas would be constructed, and the entire site would be contained behind a 1.8-metre high colorbond fence, accessible only via security gates.

Business owners and Kirkcaldy Street residents objected to the brothel, concerned it could impact the surrounding area.

READ MORE: Business owners object to Kirkcaldy Street brothel plans

Those concerns, among others, were laid out in the 59 submissions received during the public exhibition period, and reiterated by some at the public forum on Wednesday.

Councillors appeared to sympathise with the objectors, but couldn't ignore that the DA complied with all the planning controls.

Councillor Jess Jennings warned of a potential court case if council was to refuse consent.

"It would be ideal if we as councillors here could listen to the voices of our community and the people who spoke here tonight in the public gallery and simply give them what they wanted, particularly in this instance," he said.

"Simply reject the DA - it's a new business coming to town, let's just not have it here.

"But I think reading the report, knowing the context in which local government operates, particularly with respect to going to court if we refuse this DA in the Land and Environment Court, I firmly believe the reality is that this DA is going to ahead, regardless of what the decision is tonight.

"It's only a matter of whether it happens sooner or a little bit later, and how much it will cost this council in the process."

Cr Jennings said there was "no doubt in my mind" that the matter would go to court if consent was refused, and that council would more than likely lose the case.

It would be an expensive endeavour, with Cr Jennings estimating it would cost council around $30,000 per day to argue the case.

"Ratepayers' money must be considered as a precious commodity and not thrown into situations where you know you're going to lose," he said.

Cr Ian North, who was on council last time a brothel was considered and rejected, said that it would not be an easy decision.

He said that perhaps planning controls needed to be amended in future, but for now council had to make decisions based on the rules in place.

While council's senior staff said there were grounds for refusal, they ultimately recommended that consent be granted, concluding that the proposal "warrants approval subject to conditions" based on the planning provisions applicable to this type of development.

READ MORE: Council staff say brothel is permissible as DA put on the agenda

"We're changing with the times, we need to look at our planning laws. Our current planning laws, unfortunately, allow the industry to take place as it is," Cr North said.

There was a five-four split when councillors voted, with those in favour of granting consent being councillors Jennings, North, Warren Aubin, Graeme Hanger and Marg Hogan.

Mayor Robert Taylor, deputy mayor Ben Fry and councillors Kirralee Burke and Andrew Smith were against the brothel.

A substantial list of conditions were attached to the consent from council.

This includes treating workroom windows on the southern side to ensure there is no direct line of sight into the property.

The developer would also have to ensure that outdoor lighting doesn't impact the residential property at 42 Vale Road and surrounding industrial properties, and comply with recommendations made by the NSW Police.

The 20 recommendations fall under the categories of lighting, surveillance/technical supervision, territorial re-enforcement, environmental maintenance, and access control.

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