Calligatron Pty Ltd v North Sydney Council [2003] NSWLEC 413

> Land and Environment Court of New South Wales

CITATION : Calligatron Pty Ltd v North Sydney Council [2003] NSWLEC 413 APPLICANT Calligatron Pty Ltd PARTIES : RESPONDENT North Sydney Council FILE NUMBER(S) : 10526 of 2003 CORAM: Brown C KEY ISSUES: Development Application :- Use of premises for a hotel - noise - security personnel - lighting - security cameras - hours of operation - patronage numbers LEGISLATION CITED: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001 CASES CITED: DATES OF HEARING: 20 - 21/10/2003 EX TEMPORE JUDGMENT DATE : 10/21/2003

APPLICANT Mr D Wilson, barrister SOLICITORS LAS Legal LEGAL REPRESENTATIVES: RESPONDENT Ms E Duenow, solilcitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10526 of 2003 Brown C 9 December 2003 Calligatron Pty Limited Applicant v North Sydney Council Respondent Judgment Introduction 1 This is an appeal against the refusal by North Sydney Council for the use of the premises at unit 7, 83 Mount Street, North Sydney, for a hotel tavern.

2 83 Mount Street is a multi storey commercial building containing three basement levels of carparking, a two storeyed podium and a tower of 13 floors plus a plant room level. The building faces Mount Street and Elizabeth Place and is in close proximity to the closed section of Mount Street near the Pacific Highway.