Railway Projects Pty Ltd v The Hills Shire Council [2021] NSWLEC 1629

Land and Environment Court New South Wales

Medium Neutral Citation: Railway Projects Pty Ltd v The Hills Shire Council [2021] NSWLEC 1629 Hearing dates: Conciliation conference 21 September 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification of Development Consent 1028/2017/HA/D to provide for the extension of trading hours for the lower ground floor and the provision of live music and an increase in the maximum permitted music level for the hotel located at Lots 2 and 3 in Deposited Plan 270106 known as Mullane's Hotel 34-36 Brookhollow Ave, Norwest NSW is approved subject to the conditions set out in Annexure A. (3) The Court notes that Development Consent 1028/2017/HA/D as so modified is in accordance with Annexure B. Catchwords: MODIFICATION APPLICATION – variation of trading hours of hotel – increase in background noise levels – live music – conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s34 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) Category: Principal judgment Parties: Railway Projects Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: N Eastman (Applicant) P Hudson (Solicitor) (Respondent)