Canangles Creek Pastoral Co. Pty Ltd v Leichhardt Council [2009] NSWLEC 1023

Canangles Creek Pastoral Co. Pty Ltd v Leichhardt Council [2009] NSWLEC 1023

Having considered the evidence, objections, council assessment, support letters and the absence of police objection, the Court was satisfied that there was no compelling evidence that patrons of the Annandale Hotel caused material disamenity, unsatisfactory parking impacts or rubbish impacts sufficient to reject the additional one hour trading period, and that appropriate consent orders could be made subject to further conditions addressing matters raised by objectors.

Jurisdiction
Australia
Judgment Date
23 January 2009
Procedural Posture
S 96 AA Application to Modify Conditions of Consent / Ex Tempore Judgment on Modification Application; Matter Stood Over for Mention With Parties Directed to File and Serve Updated Draft Orders/conditions
Outcome
Modification supported; appropriate consent orders could be granted subject to agreed conditions, and the parties were directed to file and serve updated draft orders/conditions.
Legal Topics
['section 96 Modification' 'late Night Trading Hours' 'hotel Operations' 'amenity Impacts' 'antisocial Behaviour' 'traffic and Parking' 'rubbish' 'conditions of Consent']
['planning and Environmental Law'] ['section 96 Modification' 'late Night Trading Hours' 'hotel Operations' 'amenity Impacts' 'antisocial Behaviour' 'traffic and Parking' 'rubbish' 'conditions of Consent']

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
Sign in to unlock

Procedural Posture

S 96 AA Application to Modify Conditions of Consent / Ex Tempore Judgment on Modification Application; Matter Stood Over for Mention With Parties Directed to File and Serve Updated Draft Orders/conditions

Legal Issues

  1. 1 ['Whether the conditions of consent for the Annandale Hotel should be modified to make permanent extended trading hours from 12 midnight to 1am on Thursday, Friday and Saturday.' 'Whether antisocial behaviour, parking impacts, rubbish or other amenity impacts warranted refusal of the additional one hour trading period.' 'Whether further conditions were required to address complaints, security response arrangements and neighbourhood meetings.']

Ratio Decidendi

Having considered the evidence, objections, council assessment, support letters and the absence of police objection, the Court was satisfied that there was no compelling evidence that patrons of the Annandale Hotel caused material disamenity, unsatisfactory parking impacts or rubbish impacts sufficient to reject the additional one hour trading period, and that appropriate consent orders could be made subject to further conditions addressing matters raised by objectors.

Court Disposition

Modification supported; appropriate consent orders could be granted subject to agreed conditions, and the parties were directed to file and serve updated draft orders/conditions.

Orders

  • ['The parties are to file and serve updated draft orders/conditions by the next Thursday.' 'The matter is stood over for mention at 9.30am on Monday 2 February 2009.' 'The hours of operation include Thursday, Friday and Saturday from 10:00am to 1:00am the following morning, subject to conditions.' 'The outdoor beer...