Lanadell Pty Limited v Canada Bay City Council [2004] NSWLEC 43

Lanadell Pty Limited v Canada Bay City Council [2004] NSWLEC 43

The proposal, limited to the gaming room and lounge bar and subject to agreed conditions including a maximum of 50 patrons from midnight to 5am, lighting, video surveillance, noise and management controls and a trial period, would ameliorate adverse environmental impacts as far as possible and was worthy of approval under s 79C of the Environmental Planning and Assessment Act 1979; accordingly the appeal was upheld by consent.

Jurisdiction
Australia
Judgment Date
16 February 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Consent Orders After Hearing
Outcome
Appeal upheld by consent; development application approved subject to conditions.
Legal Topics
['extension of Trading Hours' 'environmental Impacts' 'hotel Premises' 'consent Orders' 'heritage Item' 'trial Period Conditions']
['environmental Planning and Assessment' 'development Consent'] ['extension of Trading Hours' 'environmental Impacts' 'hotel Premises' 'consent Orders' 'heritage Item' 'trial Period Conditions']

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

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Consent Orders After Hearing

Legal Issues

  1. 1 ['Whether development application No 195/2003 for the permanent extension of trading hours at the Five Dock Hotel should be approved.' 'Whether the extension of hours limited to the games room and lounge bar would have acceptable environmental impacts, including resident concerns and traffic noise.' 'Whether agreed conditions, including patron limits, security, noise controls, lighting, video surveillance and a trial period, would ameliorate adverse environmental impacts.']

Ratio Decidendi

The proposal, limited to the gaming room and lounge bar and subject to agreed conditions including a maximum of 50 patrons from midnight to 5am, lighting, video surveillance, noise and management controls and a trial period, would ameliorate adverse environmental impacts as far as possible and was worthy of approval under s 79C of the Environmental Planning and Assessment Act 1979; accordingly the appeal was upheld by consent.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No 195/ 2003 lodged with the respondent council on 24 March 2003 for the permanent extension of trading hours at the Five Dock Hotel at Lot 25, DP 178013; Lot A, DP 324414; Lot 82, DP 379890; Part Lot 1...