The Local Inn Hotel Pty Ltd v City of Ryde Council [2021] NSWLEC 1001

The Local Inn Hotel Pty Ltd v City of Ryde Council [2021] NSWLEC 1001

The modification to the development consent is minor and the development as modified remains substantially the same. The Court is satisfied the statutory prerequisites under s 4.55(2) of the Environmental Planning and Assessment Act 1979 are met. Thus, the appeal is upheld and development consent is modified per the...

Source-derived case information.

Parties
Applicant: The Local Inn Hotel Pty Ltd; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
04 January 2021
Procedural Posture
Class 1 Appeal (modification Application) / Post Conciliation Conference—judgment Following Agreement Between Parties
Outcome
Appeal upheld; development consent modified.
Legal Topics
Modification of Development Consent, Conciliation Conference, Extended Trading Hours, Noise and Patron Limits, COVID 19 Compliance
Planning and Environment Law Modification of Development Consent Conciliation Conference Extended Trading Hours Noise and Patron Limits COVID 19 Compliance

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Parties

The Local Inn Hotel Pty Ltd

Applicant

City of Ryde Council

Respondent

Procedural Posture

Class 1 Appeal (modification Application) / Post Conciliation Conference—judgment Following Agreement Between Parties

Legal Issues

  1. 1 Whether the proposed modification is minor within the meaning of s 8.15(3) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the development as modified is substantially the same as that for which consent was originally granted under s 4.55(2) of the Act
  3. 3 Whether the Court should make orders suggested by the parties under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The modification to the development consent is minor and the development as modified remains substantially the same. The Court is satisfied the statutory prerequisites under s 4.55(2) of the Environmental Planning and Assessment Act 1979 are met. Thus, the appeal is upheld and development consent is modified per the agreed conditions.

Court Disposition

Appeal upheld; development consent modified.

Orders

  • The appeal is upheld.
  • Development consent No. LDA1999/085 dated 27 March 2001 is modified as set out in accordance with the agreement and Schedule 'A'.