NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mortimer v Sutherland SC [2005] NSWLEC 349
APPLICANT Andrew Mortimer
PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10004 of 2005
CORAM: Hoffman C
Appeal :- Proposed adult book store/sex shop - signage - location in a precinct frequented by families and by unsupervised children and juveniles - economic impacts - concern of police for the location attracting anti-social activities. KEY ISSUES:
Sutherland Shire Local Environmental Plan 2000 Cronulla Centre Development Control Plan Sutherland Shire Draft Local Environmental Plan 2004 Advertising Signs and Structures Development Control Plan LEGISLATION CITED: Council Development Control Plan 9.3/11 Crimes Act 1900 Classification, Publications, Films and Computer Games Act 1995 Environmental Planning and Assessment Act 1979
Martyn v Hornsby Council [2004] NSWLEC 614; CASES CITED: Liu v Fairfield City Council [1996] NSWLEC 272
DATES OF HEARING: 14/04/05
DATE OF JUDGMENT: 06/07/2005
APPLICANT Mr Pickles, barrister of Walker Taylor Edwards Smith
LEGAL REPRESENTATIVES:
RESPONDENT Mr Reilly, solicitor of Sutherland Legal
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
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