Gallagher v Council of the City of Ryde [2021] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Gallagher v Council of the City of Ryde [2021] NSWLEC 1106 Hearing dates: 7 and 8 December 2020, 8 February 2021 Date of orders: 20 April 2021 Decision date: 02 March 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application LDA2020/0089 to enable trading in the gaming room and the adjacent servery bar (accessible only from the gaming room) from 2am to 4am Tuesday to Sunday for a trial period of 12 months at the Royal Hotel 68 Blaxland Road, Ryde, subject to the conditions in Annexure A hereto. (3) The exhibits, other than exhibits B, F and 2 be returned. Catchwords: DEVELOPMENT APPLICATION – hotel – extension of trading hours for gaming room – impact on nearby residents – whether character of the area will be affected – precedent – noise of patrons arriving and leaving – impact of smoke from outdoor gaming room – plan of management – trial period – number of security persons – limit on number of patrons Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.17, 8.7 Gaming Machines Act 2001 s 209 Liquor Act 2007 Public Health Act 2010 Ryde Local Environmental Plan 2014 cl 2.3 Smoke Free Environment Act 2000 Cases Cited: Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Vinson v Randwick Council (2005) 141 LGERA 27; [2005] NSWLEC 142 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: City of Ryde Council, Night Time Economy Study (Prepared by Cred Consulting), (November 2016) City of Ryde, Draft Local Strategic Planning Statement (2019) Department of Environment, Climate Change and Water NSW, NSW Road Noise Policy (March 2011) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) NSW Environment Protection Authority, Noise Policy for Industry (October 2017) Ryde Development Control Plan 2014 Category: Principal judgment Parties: Patrick Gallagher (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: S Berveling (Applicant) G Farland (Respondent)