Fernance Family Holdings v Newcastle City Council [2003] NSWLEC 114

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CITATION : Fernance Family Holdings v Newcastle City Council [2003] NSWLEC 114 APPLICANT: Fernance Family Holdings PARTIES : RESPONDENT: Newcastle City Council FILE NUMBER(S) : 10273 of 2003 CORAM: Bignold J KEY ISSUES: Costs :- in class 1 proceedings-Costs Motion seeking to modify an expired development consent. Motion bound to fail. Costs awarded. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 21/03/2003 EX TEMPORE JUDGMENT DATE : 03/21/2003

APPLICANT: Mr D Wilson, Barrister SOLICITORS Turnbull Hill LEGAL REPRESENTATIVES: RESPONDENT: Mr S Brockwell, Barrister SOLICITORS Sparkes Helmore

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10273 of 2003 Coram : Bignold J 21 March 2003

FERNANCE FAMILY HOLDINGS PTY LIMITED

Applicant

v

NEWCASTLE CITY COUNCIL

Respondent

JUDGMENT

1. The Court has before it two Notices of Motion brought in Class 1 proceedings which were filed in Court on 13 March 2003, being an appeal against the Council's deemed refusal of a development application to use the hotel's car parking area for functions on Anzac Day and Melbourne Cup Day, the hotel being the Cricketer's Arms Hotel situated the corner of Bruce and Bull Streets, Cooks Hill. One Motion seeks an order for expedition and the other Motion seeks an immediate modification of a now expired development consent.

2. The development application was lodged with the Council in January of this year and it was supported by a detailed statement of environmental effects.