NSW Caselaw
Land and Environment Court of New South Wales
CITATION : JPR Legal v Sutherland Shire Council [2009] NSWLEC 1228
APPLICANT JPR Legal Pty Limited PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10526 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- use of part of an existing hotel tor a Place of Public Entertainment - classification of part of building under Building Code of Australia
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007 Building Code of Australia
CASES CITED: Foodbarn Pty Ltd v Solicitor General (1975) 32 LGERA 157
DATES OF HEARING: 26 February 2009, 22 April 2009, 12 June 2009, written submissions 19 June 2009.
DATE OF JUDGMENT: 10 July 2009
APPLICANT Mr T Hale SC SOLICITORS JPR Legal LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS HWL Ebsworth
JUDGMENT: - 3 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
10 July 2009
10526 of 2008 JPR Legal Pty Limited v Sutherland Shire Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Sutherland Shire Council (the council) of Development Application DA07/1338 to allow part of the existing Gymea Hotel at 41-45 Gymea Bay Road, Gymea to be used as a Place of Public Entertainment (POPE). The POPE area is within a designated area of the existing hotel and no building work is proposed.
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