NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Xiang v Canterbury City Council [2011] NSWLEC 1239 Hearing dates: 12 July 2011, 20 July 2011 Decision date: 20 July 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal in respect of the premises known as 165 Canterbury Road, Canterbury, is dismissed. (2)The development application for a brothel submitted to Canterbury City Council, and as amended, is determined by the refusal of consent. (3)The exhibits are returned to the parties. Catchwords: APPEAL - Development application for brothel in shopfront premises - impact on streetscape and adjoining area; compliance with brothel DCP and strategic direction for revitalisation of precinct Legislation Cited: Land and Environment Court Act 1979 Canterbury Local Environmental Plan 138 Canterbury Development Control Plan No 23 - Brothels Canterbury Development Control Plan No 23 - Car Parking Canterbury Development Control Plan No 55 - Canterbury Town Centre Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Goldin & Anor v the Minister for Transport Administering the Ports Corporatisation Waterways Management Act 1995 [2002] NSWLEC 75 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Ji Yu Xiang (Applicant)
Canterbury City Council (Respondent) Representation: Counsel Mr O'Gorman-Hughes (Applicant)
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