Solotel Pty Limited v Council of the City of Sydney [2005] NSWLEC 322

Land and Environment Court of New South Wales

CITATION : Solotel Pty Limited v Council of the City of Sydney [2005] NSWLEC 322

APPLICANT Solotel Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 11449 of 2004

CORAM: Moore C

Development Application :- KEY ISSUES: Noise .

DATES OF HEARING: 15 March and 10 May 2005 EX TEMPORE JUDGMENT DATE : 05/10/2005

APPLICANT Mr P Clay, barrister (15 March) Mr G Pignone, solicitor (10 May) SOLICITORS LEGAL REPRESENTATIVES: Kemp Strang

RESPONDENT Mr S Kondilios, solicitor Maddocks Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

10 May 2005

11449 of 2004 Solotel Pty Limited v Council of the City of Sydney This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal against the refusal by the Council of the City of Sydney (the council) of an application to build a deck protruding from the Green Park Hotel at 360 Victoria Street, Darlinghurst (the premises) over a vacant allotment adjacent to the premises on its southern side (which allotment is owned by the trustees of St Vincent's Hospital). The intention is that the deck area would be used as an outdoor bar area for the premises.