Oliver v Lithgow City Council [2007] NSWLEC 216

Land and Environment Court of New South Wales

CITATION : Oliver v Lithgow City Council [2007] NSWLEC 216

PARTIES : Jeff Oliver v Lithgow City Council

FILE NUMBER(S) : 11064 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- use of single storey former shop for the purpose of restricted premises, signage, location, planning controls.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Classification (Publications, Films and Computer Games) Enforcement Act 1995 No. 63 Lithgow Local Environmental Plan 1994 Draft Lithgow Local Environmental Plan 1994 (Amendment No. 12)

DATES OF HEARING: 12/03/2007

DATE OF JUDGMENT: 23 April 2007

APPLICANT Ms D Holm, solicitor of McKees legal solutions LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Griffiths, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

23 April 2007

11064 of 2006 Jeff Oliver v Lithgow City Council

JUDGMENT Introduction 1 This appeal relates to the deemed refusal of Development Application DA 297/06, which is for the use of the existing single storey former shop building at 183 Main Street Lithgow for the purpose of restricted premises ("the application").

2 The applicant proposes to sell by retail, adult products, including restricted publications. Blinds and screens are to be provided so that passers-by will not be able to see into the premises thus screening the merchandise from view. Signage is to be limited to a front window sign and an under-awning sign advertising the name of the premises – "flirt adult store" - and the shop's internet site. Hours of operation are proposed to be: Monday to Sunday 10 am to 9 pm. The premises will be closed on public holidays. The applicant proposes to operate the premises in accordance with a management plan.