Cresville Pty Ltd v Sutherland Shire Council [2005] NSWLEC 298

Land and Environment Court of New South Wales

CITATION : Cresville Pty Ltd v Sutherland Shire Council [2005] NSWLEC 298

APPLICANT Cresville Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11525 of 2004

CORAM: Hussey C

KEY ISSUES: Appeal :- Sex shop - consistency with controls - proximity to sensitive land uses - signage - public interest

Environmental Planning and Assessment Act LEGISLATION CITED: Sutherland Local Environmental Plan 2000

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 06/04/2005 and 24/05/2005 - Final orders 29/06/2005

DATE OF JUDGMENT: 06/07/2005

APPLICANT Mr A Pickles, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

7 June 2005

11525 of 2004 Cresville Pty Ltd v Sutherland Shire Council

JUDGMENT

Background 1 This appeal is against council's refusal of a sex shop at 356 Port Hacking Road, Caringbah. The subject premises are situated at first floor level and cover an area of approximately 268 sq m. Access is gained from a single doorway at Port Hacking Road, via stairs leading to a landing partway to the first floor.

2 The site is situated within the Caringbah commercial area. Adjacent to the north is a Chinese restaurant. Further to the north are other commercial uses on the ground floor with non-retail above. A mixed/commercial building is on the southeast corner of Port Hacking Road and Kingsway, some 30 m north.