Pacific Islands Express Pty Ltd v Hawkesbury City Council [2009] NSWLEC 1321

Pacific Islands Express Pty Ltd v Hawkesbury City Council [2009] NSWLEC 1321

A trial period for limited extended trading (Friday and Saturday nights until 2am) is warranted to test the applicant's management regime and noise mitigation measures, as impacts may not necessarily adversely affect amenity to a significant extent if management plan and conditions are adhered to. The modification sought is substantially the same development as originally consented.

Parties
Applicant: Pacific Islands Express Pty Ltd; Respondent: Hawkesbury City Council
Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Appeal Under S96(2) Environmental Planning and Assessment Act 1979 to Modify Development Consent / Final Judgment
Outcome
appeal upheld
Legal Topics
Modification of Development Consent, Extended Trading Hours, Amenity Impacts, Noise Control, Responsible Service of Alcohol
Planning and Environment Law Modification of Development Consent Extended Trading Hours Amenity Impacts Noise Control Responsible Service of Alcohol

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Parties

Pacific Islands Express Pty Ltd

Applicant

Hawkesbury City Council

Respondent

Procedural Posture

Appeal Under S96(2) Environmental Planning and Assessment Act 1979 to Modify Development Consent / Final Judgment

Legal Issues

  1. 1 Whether extended trading hours will adversely affect the amenity of the locality
  2. 2 Whether the development as modified is substantially the same as originally consented under s96(2) EPA Act

Ratio Decidendi

A trial period for limited extended trading (Friday and Saturday nights until 2am) is warranted to test the applicant's management regime and noise mitigation measures, as impacts may not necessarily adversely affect amenity to a significant extent if management plan and conditions are adhered to. The modification sought is substantially the same development as originally consented.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The three consents (0341/91, 1325/03 and 0518/05) associated with the Clarendon Tavern at 244 Hawkesbury Valley Way, Clarendon are modified in accordance with Annexure A (including the management plan).