Hilrok Properties Pty Ltd v Manly Council [2007] NSWLEC 224

Hilrok Properties Pty Ltd v Manly Council [2007] NSWLEC 224

A smoking area or terrace should not be permitted at the pedestrian level facing 'The Corso' due to inconsistency with council policy for active street frontages and public domain objectives. Approval is granted for the amended proposal (Exhibit J) providing a gaming facility with a café frontage to 'The Corso' and no smoking area.

Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld. Development application approved as amended by Exhibit J, subject to conditions.
Legal Topics
['development Applications' 'active Street Frontage' 'public Domain' 'smoking Facility' 'gaming Facility']
['planning and Environment Law'] ['development Applications' 'active Street Frontage' 'public Domain' 'smoking Facility' 'gaming Facility']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the proposed extension to the Ivanhoe Hotel with a gaming facility and smoking area aligns with council policy regarding active street frontages and use of the public domain at 'The Corso'." "Whether a smoking facility should be permitted facing 'The Corso'."]

Ratio Decidendi

A smoking area or terrace should not be permitted at the pedestrian level facing 'The Corso' due to inconsistency with council policy for active street frontages and public domain objectives. Approval is granted for the amended proposal (Exhibit J) providing a gaming facility with a café frontage to 'The Corso' and no smoking area.

Court Disposition

Appeal upheld. Development application approved as amended by Exhibit J, subject to conditions.

Orders

  • ["The appeal in respect of the property known as 27-35 'The Corso' Manly is upheld." "The development application submitted to Manly Council and as amended and shown in Exhibit J is approved subject to the conditions in Annexure 'A'." 'The exhibits, except Exhibit 6 and J, are returned to the parties.']