NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Procopiadis v Marrickville Council [2008] NSWLEC 1318
APPLICANT Nicholas Procopiadis PARTIES : RESPONDENT Marrickville Council
FILE NUMBER(S) : 10426 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Alterations and additions to accommodate brothel use, proximity to sensitive uses, parking, public interests
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2007
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167 Queen v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 323
DATES OF HEARING: 28/07/2008
DATE OF JUDGMENT: 13 August 2008
APPLICANT Dr S. Berveling, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr I. Hemmings, barrister Instructed by Mr G. Christmas of Marrickville Council
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
13 August 2008
10426 of 2008 Nicholas Procopiadis v Marrickville Council
JUDGMENT
Background 1 This appeal was lodged against council's refusal of a development application for building alterations and the construction of a new building for use as a brothel at 66 Railway Road, Sydenham. During the appeal process, amendments were made to the application, resulting in the following outstanding issues: o Whether the site is appropriate for a brothel, o Proximity to other sensitive uses, o Impact on surrounding neighbourhood, o Car-parking, loading facilities, o Public interest.
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