Doncaster Operations v Randwick City Council (No 2) [2007] NSWLEC 188

Doncaster Operations v Randwick City Council (No 2) [2007] NSWLEC 188

Condition 137 can be deleted as the significance of modifications is known within the bounds of noise assessment, guidelines and expert evidence support that appropriate noise goals would be achieved, and it is appropriate to consider existing requirements for Capella Apartments in setting noise goals for the hotel.

Jurisdiction
Australia
Judgment Date
30 March 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['modification of Development Conditions' 'noise Control' 'trial Period' 'hotel Alterations and Additions']
['planning and Environment'] ['modification of Development Conditions' 'noise Control' 'trial Period' 'hotel Alterations and Additions']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the trial period imposed by condition 137 should be deleted' 'Whether the absence of the trial period provides sufficient certainty against unacceptable noise impacts']

Ratio Decidendi

Condition 137 can be deleted as the significance of modifications is known within the bounds of noise assessment, guidelines and expert evidence support that appropriate noise goals would be achieved, and it is appropriate to consider existing requirements for Capella Apartments in setting noise goals for the hotel.

Court Disposition

appeal upheld

Orders

  • ['The appeal is upheld.' 'Application to modify Development Application 733/2004 for alterations and additions to a hotel at 268 – 270 Anzac Parade Kensington is approved by the deletion of condition 137.' 'The exhibits are returned with the exception of exhibits 3 and 4.']