NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Yang v Hurstville City Council [2008] NSWLEC 89
APPLICANT Huang Yi Yang PARTIES : RESPONDENT Hurstville City Council
FILE NUMBER(S) : 11149 of 2007 and 11041 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- Brothel, separation to residential dwelling, amenity impacts, signage, lighting, s121B Order unauthorised use.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hurstville Local Environment Plan 1994
Martyn v Hornsby Shire Council [2004] NSWLEC 614 CASES CITED: Weynton v Rockdale City Council [1999] NSWLEC 273 Suzelle Antic v Sydney City Council [2006] NSWLEC 276
DATES OF HEARING: 19/02/2008 and 21/02/2008
DATE OF JUDGMENT: 28 February 2008
APPLICANT Dr S. Beverling, barrister
LEGAL REPRESENTATIVES: RESPONDENT Ms J. Hewitt, solicitor of Home Wilkinson Lowry, Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
28 February 2008
11149 of 2007 Huang Yi Yang v Hurstville City Council 11041 of 2007
JUDGMENT Background. 1 These proceedings relate to a development application concerning an unauthorised brothel at 2/15 Stanley Street, Peakhurst and involves the following two appeals: i) 11149/07; an appeal against council's refusal of the brothel application.
ii) 11041/07; an appeal against a s 121B Order to cease using the premises as a brothel.
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