Rubinstein v Hornsby Shire Council [2006] NSWLEC 597

Land and Environment Court of New South Wales

CITATION : Rubinstein v Hornsby Shire Council [2006] NSWLEC 597 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT AVI Rubinstein PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11450 of 2005

CORAM: Tuor C

Development Consent :- Section 96 application - extend hours of operation, whether substantially the same development KEY ISSUES: adequate off street parking noise impact

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994

CASES CITED: Moto Projects No. 2 Pty Ltd v North Sydney Council [1999] 106 LGERA 298

DATES OF HEARING: 15-16/08/2006

DATE OF JUDGMENT: 09/26/2006

APPLICANT Dr S Berveling, barrister SOLICITORS Landerer & Company LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

26 September 2006

11450 of 2005 Rubinstein v Hornsby Shire Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Hornsby Shire Council (the council) of an application under s 96(2) (the application) of the Environmental Planning and Assessment Act 1979 (the Act). The application seeks to modify development consent (DA 616/04) for the change of use of the existing motel to residential apartments and strata subdivision at 2 City View Road, Pennant Hills (the site). Consent to the development application was granted subject to conditions on 18 August 2004. 2 The application seeks to amend Condition 2 relating to the hours of operation of the café, bar and conference facility and delete Condition 4 restricting the service of alcohol. 3 Condition 2 states: