Shytot Pty Ltd v Marrickville Council [2004] NSWLEC 435

The development was found to be suitable for the proposed use, and conditional consent was granted subject to specific conditions relating to a 12 month trial, hours of operation, ongoing management, and provision of disabled access.

Jurisdiction: Australia
Judgment Date: 06 August 2004
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal upheld; conditional development consent granted.
Legal Topics: ['development Application' 'premises Use' 'conditional Consent' 'disabled Access']

['planning Law'] ['development Application' 'premises Use' 'conditional Consent' 'disabled Access']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 ['Whether conditional development consent should be granted for use of premises as restricted premises including sex on premises' 'Appropriateness of conditions regarding trial period, hours of operation, plan of management, and disabled access']

Ratio Decidendi

Court Disposition

Appeal upheld; conditional development consent granted.

Orders

['The appeal is upheld.' 'Development consent is granted for DA No. 200300312 subject to conditions in Annexure A.' 'Exhibits may be returned except for 7, 8, 10, 12, 14, A, B and D.']