Sutherland Shire Council v Bluewater District Services [1999] NSWCA 437

New South Wales Court of Appeal CITATION : Sutherland Shire Council v Bluewater District Services [1999] NSWCA 437 FILE NUMBER(S) : CA 40668/97 HEARING DATE(S) : Monday 9 August 1999 JUDGMENT DATE : 9 August 1999

PARTIES : Appellant - Sutherland Shire Council Respondent - Bluewater District Services JUDGMENT OF : Meagher JA at 1; Beazley JA; Stein JA

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : 11221/97 LOWER COURT JUDICIAL OFFICER : Sheehan J

COUNSEL : Appellant - W R Davidson SC Respondent - I Hemmings SOLICITORS : Appellant - Abbott Tout Respondent - John Burril (Kogarah) CATCHWORDS : Building development application; Brothel in non-residential zone DECISION : 1.Appeal allowed to a limited extent disclosed in this order; 2.Order the judgment of his Honour Sheahan J of 25 September 1997 be set aside; 3.Order that the development application number 970770 lodged with the appellant council on 14 February 1997 for the use of a factory unit on lot 10 SP32419 140-150 Taren Point Road, Caringbah as a brothel be granted subject to conditions 1-17 as set out by the Assessor and subject to an addition of condition 18 to be later specified. This consent does extend to any common part of the property.; 4. Amend the Assessor's condition to add the following condition 18. Namely conditions 1,8,9,&16 do not approve or authorise the carrying out of any work on the common property; 5.Appeal otherwise dismissed; 6.Both as to the proceedings before Sheahan J and Proceedings in this court, no as to costs

- 1 - THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40668/97

MEAGHER JA BEAZLEY JA STEIN JA