Toth v Hurstville City Council [2004] NSWLEC 561

Land and Environment Court of New South Wales

CITATION : Toth v Hurstville City Council [2004] NSWLEC 561 revised - 11/10/2004 APPLICANT PARTIES : Tim Toth RESPONDENT Hurstville City Council FILE NUMBER(S) : 11544 of 2003 CORAM: Roseth SC KEY ISSUES: Appeal :- Use of ground floor premises as an adult products shop LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 14/04/2004 EX TEMPORE 04/14/2004 JUDGMENT DATE :

APPLICANT Mr P Rigg, solicitor Deacons

LEGAL REPRESENTATIVES: RESPONDENT Mr P Glisson, barrister SOLICITORS Lansley Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

Date 14 April 2004

11544 of 2003 Tim T oth v Hurstville City Council

On-site Hearing – Reasons for Decision

1 This is an appeal against Hurstville City Council's refusal of an application to use the ground floor premises at shop 2(b) 411 King Georges Road, Beverley Hills, as an adult products shop. The shop now operates without consent.

2 Mr J Pagan, a consultant planner, put the council's case as follows: · The proposal is inconsistent with cl 4.1.13 of DCP 12, as it does not (and cannot) provide a transparent shop front. · The proposal is inconsistent with cl 2(a) of the Restricted Premises Policy (RPP), as it is located at street level, 50 m (not 100 m) from residentially zoned land, 70 m (not 100 m) from a bus stop and a railway station, and in a place where children pass going to and from school. · Section 9 of the LEP requires the Court to take into consideration any policies adopted by the council. The RPP was adopted on 25 February 2004.