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

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

Development application for use of factory unit as a brothel should be granted subject to specified conditions and additional limitations regarding common property; previous judgment set aside to this effect.

Jurisdiction
Australia
Judgment Date
09 August 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed to a limited extent; previous judgment set aside; development application granted with conditions; appeal otherwise dismissed; no order as to costs.
Legal Topics
['building Development Application' 'brothel in Non Residential Zone']
['planning Law'] ['building Development Application' 'brothel in Non Residential Zone']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the development application for use of a factory unit as a brothel in a non-residential zone should have been granted']

Ratio Decidendi

Development application for use of factory unit as a brothel should be granted subject to specified conditions and additional limitations regarding common property; previous judgment set aside to this effect.

Court Disposition

Appeal allowed to a limited extent; previous judgment set aside; development application granted with conditions; appeal otherwise dismissed; no order as to costs.

Orders

  • ['Appeal allowed to a limited extent disclosed in this order.' 'Judgment of Sheahan J of 25 September 1997 set aside.' 'Development application number 970770 for use of factory unit as a brothel granted subject to conditions 1-17 and additional condition 18.' 'Condition 18: Conditions 1,8,9,16 do not approve or...