Arslan v Manly Council [2005] NSWLEC 523

Land and Environment Court of New South Wales

CITATION : Arslan v Manly Council [2005] NSWLEC 523

APPLICANT Mehmet Arslan PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10746 of 2005

CORAM: Moore C

Development Consent :- Amendment of conditions KEY ISSUES: Trading hours Anti-social behaviour .

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: .

Kevin Snell Pty Limited v Manly Council [2005] NSWLEC 193; CASES CITED: Stockland Development Pty Limited v Manly Council [2004] 136 LGERA 254; .

DATES OF HEARING: 20 September 2005 EX TEMPORE JUDGMENT DATE : 09/20/2005

APPLICANT Mr Seymour, barrister INSTRUCTED BY White Barnes LEGAL REPRESENTATIVES:

RESPONDENT Mr T Howard, barrister INSTRUCTED BY Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

20 September 2005

10746 of 2005 Memet Arslan v Manly Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the alteration of existing development consent conditions. These conditions are not reproduced as part of this decision but will be available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/