NSW Caselaw
Reported Decision : (2000) 108 LGERA 171
Land and Environment Court of New South Wales
CITATION : Ambercone Pty Limited v Rockdale City Council [2000] NSWLEC 96 APPLICANT Ambercone Pty Limited PARTIES : RESPONDENT Rockdale City Council FILE NUMBER(S) : 40040 of 2000; 10981 of 1999 CORAM: Cowdroy J KEY ISSUES: Development :- Development control plan - brothels - development control plan limiting number of rooms to be used for the purpose of prostitution - use permissible with consent - whether development control plan operated to restrict councils discretion to approve such use - restriction comprising more detailed provisions as envisaged by the local environmental plan - development control plan not invalid LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 72, s 79C CASES CITED: North Sydney Council v Ligon 302 Pty Limited [No 2] (1996) 93 LGERA 23; Weynton v Rockdale City Council [1999] NSWLEC 273, unreported DATES OF HEARING: 5/5/00 DATE OF JUDGMENT: 05/23/2000
APPLICANT Mr P Larkin (Barrister) with Mr J Johnson
SOLICITORS Tzovaras Yandell LEGAL REPRESENTATIVES: RESPONDENT Mr M Tobias QC with Mr J Hewitt
SOLICITORS Abbott Tout
JUDGMENT:
IN THE LAND AND MATTER No. 10981 of 1999 ;40040 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 23 May 2000
Ambercone Pty Limited Applicant v Rockdale City Council Respondent JUDGMENT
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