Secheny v Blacktown City Council [2009] NSWLEC 1361

Secheny v Blacktown City Council [2009] NSWLEC 1361

Given the measures implemented by the applicant to address past anti-social behaviour and the evidence supporting improved management, the extension of trading hours is appropriate for a 6-month trial period, subject to conditions, as the objectives of the applicable planning controls are satisfied.

Source-derived case information.

Parties
Applicant: Mark James Secheny; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
28 October 2009
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld by consent
Legal Topics
Hotel Extended Trading Hours, Amenity, Anti Social Behaviour
Planning Law Local Government Law Hotel Extended Trading Hours Amenity Anti Social Behaviour

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Parties

Mark James Secheny

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether conditions imposed by council on s96 modification application for extended hotel trading hours should be modified
  2. 2 Whether proposed extended hours comply with applicable planning controls and mitigate amenity/anti-social behaviour impacts

Ratio Decidendi

Given the measures implemented by the applicant to address past anti-social behaviour and the evidence supporting improved management, the extension of trading hours is appropriate for a 6-month trial period, subject to conditions, as the objectives of the applicable planning controls are satisfied.

Court Disposition

appeal upheld by consent

Orders

  • The appeal under section 96(6) of the Environmental Planning & Assessment Act 1979 is upheld.
  • Modification application No. 07-2629 for variation to the hours of operation of the Bidwill Hotel is approved subject to the conditions in Annexure A.