General Roberts Super Pty Ltd v City of Newcastle [2024] NSWLEC 1404

Land and Environment Court New South Wales

Medium Neutral Citation: General Roberts Super Pty Ltd v City of Newcastle [2024] NSWLEC 1404 Hearing dates: 6, 7 May 2024, written submissions 23, 28 May, 5 June 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA2022/00844, seeking consent for the alteration of trading hours of the General Roberts Hotel located at 258 Lambton Road, New Lambton (at Lot 101 in DP 561894), is determined by the grant of consent subject to the conditions of consent in Annexure A. (3) The Exhibits are returned with the exception of Exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION – Amendment to trading hours of the General Roberts Hotel – do the amended trading hours result in an unacceptable impact on the amenity of the neighbours? -should the Court exercise flexibility in the application of the controls in the applicable development control plan? – are the proposed trading hours consistent with the character of the area? – the development application is acceptable – appeal upheld. Legislation Cited: Environmental and Planning Assessment Act 1979, ss 4.15, 4.17, 8.7 Gaming and Liquor Administration Act 2007, ss 79B, Land and Environmental Court Act 1979, s 34 Liquor Act 2007 Environmental Planning and Assessment Regulations 2021, ss 14, 23, 97A Newcastle Local Environmental Plan 2012, cll 5.20, 6.5 Cases Cited: Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50 Charara v Ku-ring0gai Council [2019] NSWLEC 183 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Rivers SOS Inc v Minister for Planning (2009) 178 LGERA 347; [2009] NSWLEC 213 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Stockland Development Pty Ltd v Manly Council (2004) LGERA 254; [2004] NSWLEC 472 Tomasic v Port Stephens Council [2021] NSWLEC 56 Wakworth Mining Limited v Bulga Milbrodale Progress Association Inc (2014) 86 NSWLR 527 [2014]; NSWCA 105 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Bill 2023 Newcastle After Dark: Night-time Economy Strategy 2018 Newcastle Community Participation Plan Newcastle Development Control Plan 2023 Category: Principal judgment Parties: General Roberts Super Pty Ltd (Applicant) City of Newcastle (Respondent) Representation: Counsel: J Farrell (Applicant) T Poisel (Respondent)