Stokeston Projects Pty Limited v Liverpool City Council [2003] NSWLEC 185

Stokeston Projects Pty Limited v Liverpool City Council [2003] NSWLEC 185

The application for modification is refused because the adverse effects of the tavern under current hours are already established and extension would compound them. The proposal is inconsistent with relevant objectives and provisions of the Liverpool Local Environmental Plan 1997, including clause 2 objectives (c) and (e) and cl 47 (b), (d), (g).

Jurisdiction
Australia
Judgment Date
20 February 2002
Procedural Posture
Appeal Under S 96(6) Environmental Planning and Assessment Act 1979 / Final Determination
Outcome
Appeal dismissed. Modification application refused.
Legal Topics
['modification of Development Consent' 'trading Hours' 'social Impact' 'amenity' 'probationary Consent']
['planning and Environment'] ['modification of Development Consent' 'trading Hours' 'social Impact' 'amenity' 'probationary Consent']

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Procedural Posture

Appeal Under S 96(6) Environmental Planning and Assessment Act 1979 / Final Determination

Legal Issues

  1. 1 ['Whether the proposed modification would have unacceptable impact on amenity' 'Whether the extension of tavern trading hours is consistent with objectives of Liverpool Local Environmental Plan 1997' 'Whether the modification is compatible with character and amenity of residential areas' 'Adequacy of information on noise and social impact' 'Whether the modification is in public interest' 'Lack of public transport and safety issues']

Ratio Decidendi

The application for modification is refused because the adverse effects of the tavern under current hours are already established and extension would compound them. The proposal is inconsistent with relevant objectives and provisions of the Liverpool Local Environmental Plan 1997, including clause 2 objectives (c) and (e) and cl 47 (b), (d), (g).

Court Disposition

Appeal dismissed. Modification application refused.

Orders

  • ['The appeal is dismissed.' 'The application to modify condition 14 of development consent No. 409/97 granted by the respondent on 17 March 1997 so as to amend the hours of operation for the tavern to permit trading from 8.00 am Monday continuously until 10.00 pm Sunday is refused.' 'The exhibits may be returned.']