Golden Paradise Corporation v Kogarah Municipal Council [2006] NSWLEC 605

Land and Environment Court of New South Wales

CITATION : Golden Paradise Corporation v Kogarah Municipal Council [2006] NSWLEC 605

APPLICANT Golden Paradise Corporation PARTIES : RESPONDENT Kogarah Municipal Council

FILE NUMBER(S) : 10161 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- Dwelling in commercial zone, inappropriate relationship with existing brothel

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kogarah Local Environmental Plan 1998 Development Control Plan No 15

CASES CITED: Zhang v Canterbury City Council [2001] 51NSWLR 589 at 602; Martin v Hornsby Shire Council [2004] NSWLEC 614

DATES OF HEARING: 07-08/09/2006

EX TEMPORE JUDGMENT DATE : 09/08/2006

APPLICANT Mr J Doyle, barrister Instructed by: Mr M Carr, solicitor Of: Forshaws Neill LEGAL REPRESENTATIVES: RESPONDENT Ms L Finn, solicitor SOLICITORS Abbot Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

8 September 2006

10161 of 2006 Golden Paradise Corporation v Kogarah Municipal Council

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication.

1 This appeal relates to Development Application No. 39/04 dated 4 February 2004, which is for the use of the second floor of the existing three storey building at 645 Princes Highway, Blakehurst, as a dwelling and certain associated building works. Those works include the installation of bedroom windows, the completion of the fit out of bathrooms and the kitchen, reconfiguration of the car park and Building Code of Australia requirements, particularly in relation to balustrades.