A C Perazzo Design Works - Narellan Hotel v Camden Council [2005] NSWLEC 82

A C Perazzo Design Works - Narellan Hotel v Camden Council [2005] NSWLEC 82

The application to modify the consent is upheld in part, with conditions requiring provision of 115 car parking spaces, staged construction and sealing standards for the car park, and amendment of existing consent conditions to ensure adequacy relative to the proposed 24-hour operation and the ongoing residential amenity.

Parties
Applicant: A C Perazzo Design Works - Narellan Hotel; Respondent: Camden Council
Jurisdiction
Australia
Judgment Date
15 February 2005
Procedural Posture
S96 Modification Appeal / Ex Tempore Judgment
Outcome
Application upheld in part with modified consent conditions
Legal Topics
Modification of Development Consent, Car Parking Requirements, Residential Amenity
Planning Law Environmental Law Modification of Development Consent Car Parking Requirements Residential Amenity

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Parties

A C Perazzo Design Works - Narellan Hotel

Applicant

Camden Council

Respondent

Procedural Posture

S96 Modification Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the hotel car park satisfies requirements for extended trading hours
  2. 2 Whether a reduced number of parking spaces is appropriate
  3. 3 Adequacy of temporary and permanent car park works

Ratio Decidendi

The application to modify the consent is upheld in part, with conditions requiring provision of 115 car parking spaces, staged construction and sealing standards for the car park, and amendment of existing consent conditions to ensure adequacy relative to the proposed 24-hour operation and the ongoing residential amenity.

Court Disposition

Application upheld in part with modified consent conditions

Orders

  • The s96 application, submitted to Camden Council, for the Narellan Hotel is upheld in part.
  • The consent issued by the Court is modified as shown in the conditions contained in Annexure A.