Shytot Pty Ltd v Marrickville Council [2004] NSWLEC 435

Land and Environment Court of New South Wales

CITATION : Shytot Pty Ltd v Marrickville Council [2004] NSWLEC 435 APPLICANT Shytot Pty Ltd PARTIES : RESPONDENT Marrickville Council FILE NUMBER(S) : 10058 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Alterations to use premises as restricted premises - including sex on premises LEGISLATION CITED: CASES CITED: DATES OF HEARING: 30/07/2004 EX TEMPORE 08/06/2004 JUDGMENT DATE :

APPLICANT Mr D Wilson, barrister SOLICITORS

LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister SOLICITORS

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 August 2004

10058 of 2004 Shytot Pty Ltd v Marrickville Council

JUDGMENT

1 In this matter, an interim finding was delivered on 1 July 2004. My finding was that the location is suitable for the development, however further consideration is required to the conditions of consent, to ascertain what final orders should be made.

2 Subsequently the parties have had the opportunity to make submissions on the contentious conditions. They relate to: + 12 months trial period condition, + hours of operation, + status of Plan of Management and mechanisms for its periodical review, + provision of disabled access. 3 Having considered the further submissions, I am now satisfied this application merits conditional consent, in accordance with the reasons published in the interim findings.