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 MONDAY 9 AUGUST 1999 SUTHERLAND SHIRE COUNCIL v BLUEWATER DISTRICT SERVICES JUDGMENT MEAGHER JA: We are now in a position to make the following orders: 1. An order that the current appeal be allowed to a limited extent disclosed in this order. 2. Order that the judgment of his Honour Sheahan J of 25 September 1997 be set aside. 3. Order that 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 not 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 and 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 order as to costs. ******** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.