Doncaster Operations v Randwick City Council (No 2) [2007] NSWLEC 188

Land and Environment Court of New South Wales

CITATION : Doncaster Operations v Randwick City Council (No 2) [2007] NSWLEC 188

APPLICANT Doncaster Operations Pty Limited PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 11535 of 2004

CORAM: Brown C

KEY ISSUES: Appeal :- modification of conditions of approval for alterations and additions to a hotel - noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 30/03/07

EX TEMPORE JUDGMENT DATE : 30 March 2007

APPLICANT Mr C McEwen SC SOLICITORS Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr J Kildea, barrister SOLICITORS Shaw Reynolds Bowen & Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

30 March 2007

11535 of 2004 Doncaster Operations Pty Limited v Randwick City Council (No 2)

JUDGMENT 1 COMMISSIONER: This is an appeal against a condition requiring a trial period imposed by Randwick City Council (the council) on an application to modify Development Application 733/2004. This approval provided for alterations and additions to a hotel at 268 – 270 Anzac Parade Kensington (the site). The alterations and additions have been completed.

2 The modification application seeks to modify conditions 2, 9, 117, 121 and corresponding requirements in the Plan of Management. These conditions restrict the operating hours of the first floor terrace of the hotel and require a foldable screen to confine a maximum 50 patrons to a smaller section of the terrace. These conditions were imposed to ensure compliance with noise conditions of the Licensing Court.