NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Athans -v- Manly Council [2008] NSWLEC 1143
APPLICANT Athans, Aris PARTIES : REPONDENT Manly Council
FILE NUMBER(S) : 11138 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- shop change of use to adult book shop, location suitability, public interest
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988
CASES CITED: Martyn v Hornsby Shire Council [2004] NSWLEC 614 Mudie v Port Stephens Council [2007] NSWLEC 628
DATES OF HEARING: 18/02/82007, 25/02/2007, 27/03/2008 and 15/04/2008
DATE OF JUDGMENT: 18 April 2008
APPLICANT Mr R O'Gorman - Hughes, barrister
LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 April 2008
11138 of 2007 Aris Athans v Manly Council
JUDGMENT Background. 1. Mr Anthans has appealed against councils refusal of a development application for an adult bookshop on the 1st floor premises located at 27 Sydney Road, Manly.
2. The issues identified for the appeal concern: o site suitability, o social and economic impacts, o signage, o public interest. The site. 3. These premises are contained within Lot B DP 318834, which is located within the Manly commercial centre and accessed from Roycroft Lane. This lane, or effective arcade connects Sydney Road to Market Lane, where the central library is located diagonally opposite.
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