NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Diamonds 4 Ever Pty Ltd v Holroyd City Council [2010] NSWLEC 1085
APPLICANT: Diamonds 4 Ever Pty Ltd PARTIES : RESPONDENT: Holroyd City Council
FILE NUMBER(S) : 10829 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT MODIFICATION :- brothel - time limited consent - sensitive land use - condition imposing a trial period is reasonable - modification allowed in part
LEGISLATION CITED: Holroyd Local Environmental Plan 1991 Holroyd Development Control Plan 2007
CASES CITED: Hang v Holroyd City Council [2005 NSWLEC 538 Wei v Holroyd City Council [2007] NSWLEC 163
DATES OF HEARING: 19 March 2010
DATE OF JUDGMENT: 20 April 2010
APPLICANT: Mr S Patterson (solicitor) SOLICITORS: LEGAL REPRESENTATIVES: Wilshire Webb Staunton Beattie Lawyers RESPONDENT: Ms P Hudson (solicitor) SOLICITORS: Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 April 2010
10829 of 2009 Diamond Entertainment Pty Ltd v Holroyd City Council
JUDGMENT Background 1 This appeal is against conditions of consent imposed by council on a development consent for a brothel in an existing two-storey building at No. 185 Military Road, Guilford. This site has an area of 735.4 sq m and is situated on the south western corner of Military Road and Clarke Street and has access to both streets.
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