Sunbolt Pty Ltd v Campbelltown City Council [2021] NSWLEC 1144

Land and Environment Court New South Wales

Medium Neutral Citation: Sunbolt Pty Ltd v Campbelltown City Council [2021] NSWLEC 1144 Hearing dates: Conciliation conference on 16 December 2020, 4, 18 and 25 February 2021, 5 and 9 March 2021 Date of orders: 23 March 2021 Decision date: 23 March 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is granted leave to rely on an amended Plan of Management dated February 2021. (2) The appeal is upheld. (3) Development Consent No. 1435/2008/DA-C granted by Campbelltown City Council on 14 October 2008 for the construction of a hotel (known as the Macarthur Tavern) with car park on the land at 3 Bolger Street, Campbelltown (being Lot 500 in DP 817216 and Lot 3 in DP 1071804) is modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 as set out in Annexure "A". (4) As a consequence of Order (3), Development Consent No. 1435/2008/DA-C is subject to the consolidated, modified conditions of consent set out in Annexure "B". Catchwords: DEVELOPMENT APPEAL – modification application – change of operating hours – licenced premises – conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015, Pt 4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Sunbolt Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: D Plowman (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)