Consumo Pty Limited v Fairfield City Council [2003] NSWLEC 328

> Land and Environment Court of New South Wales

CITATION : Consumo Pty Limited v Fairfield City Council [2003] NSWLEC 328 APPLICANT Consumo Pty Limited PARTIES : RESPONDENT Fairfield City Council FILE NUMBER(S) : 10693 of 1998 CORAM: Hoffman C Appeal :- s 96 application to amend a consent and extend the floor space for a tavern Could the amendment be granted the use now being prohibited Noise transmission to residential units in the same building Fire risk and the adequancy of walls proposed for fire isolation KEY ISSUES: Carparking provision Late night activity in the residential area near the tavern

LEGISLATION CITED: Fairfield Local Environmental Plan 1994 CASES CITED: DATES OF HEARING: 17/04/2003, 12/06/2003 and 14/07/2003 EX TEMPORE JUDGMENT DATE : 07/14/2003

APPLICANT Mr M Hewett, solicitor of Hill Thomson and Sullivan Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr J Ritchie, solicitor of Kencalo & Ritchie Solicitors

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10693 of 1998

Hoffman C

14 July 2003

Consumo Pty Ltd Applicant v

Fairfield City Council Respondent

Judgment

1. This was a section 96 application to amend a consent issued by the Court in appeal 10693/98 as determined on 4 March 1999 for a hotel tavern at shop 2, 485 Cabramatta Road West, Cabramatta West. That consent had been twice amended previously on 7 November 2000 and 26 February 2001.