NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jim Marinos v Ashfield Municipal Council [2005] NSWLEC 2
APPLICANT: Jim Marinos PARTIES : RESPONDENT: Ashfield Municipal Council
FILE NUMBER(S) : 10973 of 2004
CORAM: Watts C at 1
KEY ISSUES: Development Application :- Economic and social impact of adult bookshop - affect the residential amenity - cumulative impact of the proposed premises and existing sex industry-related uses - access for loading/unloading.
LEGISLATION CITED: Ashfield Local Environmental Plan 1985, (ALEP) - State Environmental Planning Policy No 64 - advertising and signage, (SEPP64) - Crimes Act 1900 - Environmental Planning and Assessment Act 1979, ss 79C and 97
CASES CITED: Markakis v Ashfield Municipal Council [2004] NSWLEC 383 - Zhang v Ashfield Municipal Council [2001] NSWCA 167 - New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 - Lonza v Fairfield City Council, (Unreported decision dated 9 December 1996)
DATES OF HEARING: 17/12/2004
DATE OF JUDGMENT: 01/18/2005
APPLICANT: Mr T Howard, barrister instructed by Mr J Marinos c/ The Turnbull Group SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr P M Jackson, solicitor SOLICITORS: Pike Pike and Fenwick
JUDGMENT:
Appeal No: 10973 of 2004 16
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Watts C
18 January 2005
10973 of 2004 - Jim Marinos v Ashfield Municipal Council
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