Consumo Pty Limited v Fairfield City Council [2003] NSWLEC 328

Consumo Pty Limited v Fairfield City Council [2003] NSWLEC 328

The modification was granted because the Court was satisfied that the proposal did not increase the actual capacity of the premises in terms of gaming machine numbers, bistro dining or bar seating, retained a maximum of fifty patrons, provided an on-site manager to assist supervision, remained subject to noise controls and management-plan requirements, and would have no actual impacts different from those originally approved sufficient to justify refusal.

Jurisdiction
Australia
Judgment Date
14 July 2003
Procedural Posture
Appeal; S 96 Application to Amend a Development Consent / Application for Consent Orders to Further Modify an Existing Consent
Outcome
Consent modified by consent orders.
Legal Topics
['modification of Development Consent' 'tavern Premises' 'amenity Impacts' 'noise Transmission' 'car Parking' 'fire Risk' 'late Night Activity']
['planning and Development Law' 'local Environmental Planning'] ['modification of Development Consent' 'tavern Premises' 'amenity Impacts' 'noise Transmission' 'car Parking' 'fire Risk' 'late Night Activity']

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Procedural Posture

Appeal; S 96 Application to Amend a Development Consent / Application for Consent Orders to Further Modify an Existing Consent

Legal Issues

  1. 1 ['Whether the Court had power to grant the modification despite changes to the Fairfield Local Environmental Plan 1994 in amendment 45.' "Whether extending the approved tavern use to part of the first floor for a manager's flat, offices, storage and toilets would create unacceptable amenity impacts." 'Whether the proposal would increase noise transmission, parking demand, fire risk or late night impacts on residents.' 'Whether the modified development would intensify the approved use beyond the impacts originally approved.']

Ratio Decidendi

The modification was granted because the Court was satisfied that the proposal did not increase the actual capacity of the premises in terms of gaming machine numbers, bistro dining or bar seating, retained a maximum of fifty patrons, provided an on-site manager to assist supervision, remained subject to noise controls and management-plan requirements, and would have no actual impacts different from those originally approved sufficient to justify refusal.

Court Disposition

Consent modified by consent orders.

Orders

  • ["That the consent granted for a tavern on 4 March 1999 and modified on 7 November 2000 and 26 February 2001 be further modified to permit development of shop 2, 485 Cabramatta Road West, at Cabramatta West and units 3 and 4 immediately above Shop 2 in accordance with the Site Plan drawing job: 9909 No. 000 issue D...