A C Perazzo Design Works - Narellan Hotel v Camden Council [2005] NSWLEC 82

Land and Environment Court of New South Wales

CITATION : A C Perazzo Design Works - Narellan Hotel v Camden Council [2005] NSWLEC 82

APPLICANT A C Perazzo Design Works - Narellan Hotel

PARTIES : RESPONDENT Camden Council

FILE NUMBER(S) : 10527 of 2003

CORAM: Murrell C

Appeal :- s. 96 modification of a consent issued by the Court in December 2003 - Parking and Residential amenity. KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 15/02/2005 EX TEMPORE JUDGMENT DATE : 02/15/2005

APPLICANT Mr D. Wilson, barrister of Mr J Ryan, solicitor

LEGAL REPRESENTATIVES:

RESPONDENT Mr A Hudson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

15 February 2005

10527 of 2003 A C Perazzo Design Works – Narellan Hotel v Camden Council s.96 JUDGMENT 1 This is a judgment for a s96 appeal under the Environmental Planning and Assessment Act 1979 against Camden Council's refusal of an application to modify a consent issued by the court in December 2003. The original approval issued by the court was for the extension of hours to an existing hotel at 279 Camden Valley Way, Narellan.

2 In those proceedings the applicant was seeking, in effect, the 24-hour operation of the hotel. The Court granted an approval of the extension of hours on a trial basis, that is a 12-month trial only of the 24-hour operation. The applicant would then be required to go back to the council to submit a new development application or a modification application if it sought to amend the trial period to become a permanent situation.