Quarantine Investments Co Pty Ltd v Manly Council [2011] NSWLEC 1309

Quarantine Investments Co Pty Ltd v Manly Council [2011] NSWLEC 1309

The modification to trading hours is approved because the applicant’s proposed barrier, subject to a 12-month trial period, adequately balances safety concerns and noise impacts, with provision for council review if effectiveness is inadequate.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal upheld, in part.
Legal Topics
['modification of Development Consent' 'trading Hours' 'acoustic Impacts']
['planning and Environment'] ['modification of Development Consent' 'trading Hours' 'acoustic Impacts']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the trading hours for the southern deck of the hotel should be modified' 'Appropriate form of barrier to restrict patron access to the eastern end of the southern hotel deck']

Ratio Decidendi

The modification to trading hours is approved because the applicant’s proposed barrier, subject to a 12-month trial period, adequately balances safety concerns and noise impacts, with provision for council review if effectiveness is inadequate.

Court Disposition

Appeal upheld, in part.

Orders

  • ['DA 238/2002 (as previously modified) is modified in respect of the Manly Wharf Hotel.' 'Condition 5 replaced: operating hours not to exceed 7am to 12 midnight (Mon-Wed, Sun), 7am to 1am (Thu-Sat) without consent.' 'Condition 75 replaced: outdoor seating areas except the southern, restaurant, and western decks not...