The Turnbull Group Pty Ltd v Hornsby Shire Council [2006] NSWLEC 417

The Turnbull Group Pty Ltd v Hornsby Shire Council [2006] NSWLEC 417

Development consent for alterations and extensions to the Dural Hotel may be granted for a 12 month trial period subject to conditions controlling patron numbers, parking, noise, and landscaping, as these adequately address potential adverse impacts and operational risks raised in objections and expert evidence.

Parties
Applicant: The Turnbull Group Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
24 October 2006
Procedural Posture
Development Application Appeal / Judgment
Outcome
Appeal upheld; conditional development consent granted for a trial period
Legal Topics
Development Application, Planning Control, Acoustic/noise, Car Parking, Trial Consent
Planning Law Environmental Law Development Application Planning Control Acoustic/noise Car Parking Trial Consent

Case Brief

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Parties

The Turnbull Group Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether alterations and extensions to the Dural Hotel should be granted development consent subject to conditions
  2. 2 Whether proposed car parking is adequate
  3. 3 Whether noise and landscaping controls are sufficient

Ratio Decidendi

Development consent for alterations and extensions to the Dural Hotel may be granted for a 12 month trial period subject to conditions controlling patron numbers, parking, noise, and landscaping, as these adequately address potential adverse impacts and operational risks raised in objections and expert evidence.

Court Disposition

Appeal upheld; conditional development consent granted for a trial period

Orders

  • The appeal is upheld.
  • Development consent is granted to DA No 492/05 for alterations and extensions to the Dural Hotel at 271 New Line Road, Dural, subject to the conditions in Annexure A.