NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Xiao Ping Ai v Newcastle City Council [2004] NSWLEC 17 revised - 29/01/2004 APPLICANT Xiao Ping Ai PARTIES : RESPONDENT Newcastle City Council FILE NUMBER(S) : 10314A of 2002 CORAM: Watts C Development Control Plan :- Brothel - reasonably apprehended possible impacts KEY ISSUES: Whether or not when focussing assessment of the application on the distance specified and objectives set in DCP46 - the proposed brothel may detract from the amenity of residential occupancies nearby.
Newcastle Local Environmental Plan 2003 (NLEP2003) LEGISLATION CITED: Council's Code for the Regulation of Brothels and Other Sex Industry Establishment - Development Control Plan No 46 (DCP46) Environmental Planning and Assessment Act 1979 s79C and 97 CASES CITED: 22 October 2002 - Original decision DATES OF HEARING: 28 May 2003 - 56A Appeal decision 7 November 2003 - Directions hearing 19 and 20 January 2004 - Remittal hearing DATE OF JUDGMENT: 01/23/2004
APPLICANT Mr J Doyle, solicitor with Mr B Eastoe, town planner of Cowley Hearne
LEGAL REPRESENTATIVES: RESPONDENT Mr P W Larkin, barrister instructed by Ms D Grant, solicitor and Ms N Simmonds, solicitor of Sparke Helmore
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10314A of 2002
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