Stonecost P/L v Manly C [2005] NSWLEC 178

Land and Environment Court of New South Wales

Stonecost P/L v Manly C [2005] NSWLEC 178 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Stonecost Pty Limited

PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10610 of 2003

CORAM: Hussey C

Appeal :- s. 96 modification to conditions of consent - hours of operation. KEY ISSUES:

DATES OF HEARING: 05/04/2005 EX TEMPORE JUDGMENT DATE : 04/05/2005

APPLICANT Mr A JJ Thompson, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms L. Finn, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

5 April 2005

10610 of 2003 Stonecost Pty Limited v Manly Council

JUDGMENT 1 This matter deals with a s 96 modification to conditions of consent, namely the hours of operation of the Steyne Hotel at Manly, to which the parties have agreed to consent orders.

2 The original application provided a condition that allowed for a trial period of 12 months that was predominantly aimed at checking the amenity impacts of the revised hours. During that trial period the applicant has undertaken the work required by the conditions of consent and one of those conditions of consent, required the implementation of a complaints register. Now I am told that that complaints register has been available and in operation and there is no significant complaint registered about the amenity noise from this hotel.