Zhang v Canterbury City Council [1999] NSWLEC 209

Land and Environment Court of New South Wales CITATION: Zhang v Canterbury City Council [1999] NSWLEC 209

PARTIES APPLICANT/RESPONDENT: Julie Zhang

RESPONDENT/APPELLANT: Canterbury City Council

NUMBER: 10748 of 1998 and 10749 of 1998

CORAM: Talbot J

KEY ISSUES: Section 56A Appeal :- failure to give real consideration to DCP - onus of proof - time limited consent to enable assessment of impact

LEGISLATION CITED: Land and Environment Court Act 1979 s 56A

DATES OF HEARING: 09/06/1999

DATE OF JUDGMENT DELIVERY: 09/08/1999

APPLICANT/RESPONDENT: Mr P W Larkin (Barrister)

SOLICITORS: Steven Klinger LEGAL REPRESENTATIVES: RESPONDENT/APPELLANT: Mr W R Davison SC

SOLICITORS: Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10748-9 of 1998 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 8 September 1999

Julie Zhang Applicant/Respondent v Canterbury City Council Respondent/Appellant

REASONS FOR JUDGMENT

1. In a reserved judgment dated 11 March 1999, Commissioner Brown upheld an appeal against the refusal of a development application for the use of part of a building at the rear of 303 Beamish Street, Campsie as a brothel.