NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gioxle Pty Ltd v Canada Bay Council [2010] NSWLEC 1003
APPLICANT Gioxle Pty Ltd PARTIES : RESPONDENT Canada Bay Council
FILE NUMBER(S) : 10588 of 2009
CORAM: Tuor C - Fakes AC
DEVELOPMENT APPLICATION :- Change of use to sex service premises KEY ISSUES: whether prohibition or development standard variation to development standard
Martyn v Hornsby Shire Council [2004] NSWLEC 614 CASES CITED: Wehbe v Pittwater Council [2007] NSWLEC 827 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408
DATES OF HEARING: 23 Novemember 2009
DATE OF JUDGMENT: 8 January 2010
APPLICANT Dr S Berveling, barrister instructed by Mr L Calvitto LEGAL REPRESENTATIVES: of Egisto Solicitors
RESPONDENT Mr S Patterson, solicitor of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C Fakes C
8 January 2010
10588 of 2009 Gioxle Pty Ltd v City of Canada Bay Council
JUDGMENT 1 COMMISSIONERS: This is an appeal pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the City of Canada Bay Council (the council) of a development application (DA118/09) for a proposed change of use from a previously approved 'Muscular, Joint and Aromatherapeutic Clinic' to a 'Sex Services Premises' at 133 Great North Road, Five Dock (the site).
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