NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gioxle Pty Limited v City of Canada Bay Council [2010] NSWLEC 1274
APPLICANT Gioxle Pty Limited PARTIES : RESPONDENT City of Canada Bay Council
FILE NUMBER(S) : 10350 of 2010
CORAM: Brown C - Smithson AC
KEY ISSUES: DEVELOPMENT APPLICATION :- the internal fit out and use of an existing three-storey building for a sex service premises - whether proposed development prohibited - whether proposed development inappropriately located given the proximity to a number of sensitive uses
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Canada Bay Local Environmental Plan 2008
Laurence Browning Pty Ltd v Blue Mountains City Council [2006] NSWLEC 74 Martyn v Hornsby Shire Council [2004] NSWLEC 614 CASES CITED: North Sydney Municipal Council v P D Mayoh Pty Ltd (1990) 71 LGERA 222 Residents Against Improper Development Incorporated & Anor v Chase Property Investments Pty Ltd [2006] NSWCA 323 Strathfield Municipal Council v Poynting [2001] 116 LGERA 319
DATES OF HEARING: 23,24 September 2010
DATE OF JUDGMENT: 13 October 2010
APPLICANT Dr S Bervelling, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister SOLICITORS Wilshire Webb Staunton Beattie Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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