Randall Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 558

Randall Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 558

The certification provided by Mr B Murray satisfies Deferred Commencement Condition No 1 as it certifies that future hotel noise levels will comply with the required criteria, assuming music in the bar is limited to 85dBA and the specified construction works are implemented and maintained.

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['development Consent' 'deferred Commencement Condition' 'noise Control']
['planning and Environment'] ['development Consent' 'deferred Commencement Condition' 'noise Control']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the certification provided satisfies the requirements of Deferred Commencement Condition No 1 of the development consent' 'Whether operational measures can be considered as part of compliance with deferred commencement conditions']

Ratio Decidendi

The certification provided by Mr B Murray satisfies Deferred Commencement Condition No 1 as it certifies that future hotel noise levels will comply with the required criteria, assuming music in the bar is limited to 85dBA and the specified construction works are implemented and maintained.

Court Disposition

appeal upheld

Orders

  • ['The appeal is upheld.' 'The certification provided by Mr B Murray of Wilkinson Murray Pty Ltd dated August 2004 satisfies the requirements of Deferred Commencement Condition No 1 of development consent (D/2003/349) granted by the Court on 31 May 2004 (Appeal No 11265 of 2003). The certification requires music in...