NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wang v Blacktown City Council [2009] NSWLEC 114
APPLICANT: Shao Ling Wang PARTIES : RESPONDENT: Blacktown City Council
FILE NUMBER(S) : 11060 of 2008
CORAM: Biscoe J
KEY ISSUES: APPEAL :- limited to question of law - appeal from decision of commissioner dismissing merits appeal against council refusal of development consent for brothel - development standard in local environmental plan prohibited brothel near or within view from a church - SEPP 1 objection that strict compliance with development standard would be unreasonable or unnecessary - commissioner decides that SEPP 1 objection does not address objective of development standard and merits appeal therefore fails - whether commissioner erred in law in referring to evidence of objective of development standard which included reference to ideologically opposed land uses - whether determination of objective of a development standard involves a question of law
Blacktown Local Environmental Plan 1988, cl 42A(1)(c) Environmental Planning and Assessment Act 1979, s 79C LEGISLATION CITED: Interpretation Act 1987, ss 3, 33 Land and Environment Court Act 1979, s 56A State Environmental Planning Policy No 1 – Development Standards, ss 3, 6, 7
Billgate Pty Ltd v Woollahra Municipal Council [2007] NSWLEC 655, (2007) 156 LGERA 380 Collector of Customs v Agfa – Gevaert Ltd [1996] HCA 36, (1995-1996) 186 CLR 389 Dixon v Burwood Council [2002] NSWLEC 190, (2002) 123 LGERA 253 Fairfield City Council v Liu Lonza & Beauty Holdings [1997] NSWSC 37 Hooker Corporation Pty Ltd v Hornsby Shire Council (unreported, Land and Environment Court of NSW, Cripps J, 2 June 1986) Liu v Fairfield City Council (1996) 130 LGERA 230 CASES CITED: Marpet Enterprises v Eurobodella Shire Council [2000] NSWLEC 159, (2000) 108 LGERA 432 Martyn v Hornsby Shire Council [2004] NSWLEC 614 Project Blue Sky Inc v Australian Broadcasting Authority [1988] HCA 28, (1998) 194 CLR 355 Venus Enterprises Pty Ltd v Parramatta City Council (1981) 43 LGERA 67 Wang v Blacktown City Council [2009] NSWLEC 1044 Weynton v Rockdale City Council [1999] NSWLEC 273, (1999) 106 LGERA 213 Winten Property Group Ltd v North Sydney Council [2001] NSWLEC 46, (2001) 130 LGERA 79
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