Doncaster Operations Pty Limited v Randwick City Council [2005] NSWLEC 217

Land and Environment Court of New South Wales

CITATION : Doncaster Operations Pty Limited v Randwick City Council [2005] NSWLEC 217

APPLICANT Doncaster Operations Pty Limited PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 11535 of 2004

CORAM: Moore C

Development Application - Discretion :- KEY ISSUES: Proposal contrary to liquor licence condition .

Liquor Act 1987 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 .

DATES OF HEARING: 3 and 4 May 2005

DATE OF JUDGMENT: 05/04/2005

EX TEMPORE JUDGMENT DATE : 05/04/2005

APPLICANT Mr C McEwen SC, barrister INSTRUCTED BY Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr A Galasso, barrister INSTRUCTED BY Bowen & Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

4 May 2005

04/11535 Doncaster Operations Pty Limited v Randwick City Council

JUDGMENT 1 Commissioner: The application which is the subject this appeal envisages, inter alia, the construction of a first floor outdoor dining area at the Doncaster Hotel on the corner of Anzac Parade and Doncaster Avenue at Kensington.

2 The existing liquor licence for the premises, which would apply to the proposed first floor outdoor dining area, contains a provision that, at any adjacent residential premises, the noise at the boundary of the premises shall not exceed the background noise level plus 5 dB.