Heracleous & Anor v Manly Council [2015] NSWLEC 1004

Heracleous & Anor v Manly Council [2015] NSWLEC 1004

The hours of operation and mitigation measures recommended by acoustic experts are reasonable and acceptable; development consent is granted subject to their recommendations to ensure protection of residential amenity.

Parties
Applicant: Angela Heracleous; Applicant: Rodney Walsh; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
20 January 2015
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Conditions of Consent, Noise Restrictions, Hours of Operation
Planning Law Environmental Law Conditions of Consent Noise Restrictions Hours of Operation

Case Brief

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Parties

Angela Heracleous

Applicant

Rodney Walsh

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether hours of operation for the approved restaurant should be extended from 10pm to 12 midnight
  2. 2 Appropriate noise mitigation measures for the restaurant's operation

Ratio Decidendi

The hours of operation and mitigation measures recommended by acoustic experts are reasonable and acceptable; development consent is granted subject to their recommendations to ensure protection of residential amenity.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal is upheld.
  • Development Application No. 127/2014 for a change of use from an existing retail premises to a restaurant including fit-out and signage at 92-94 Pittwater Road, Manly is approved subject to the conditions in Annexure A.