Balero Enterprises P/L v Sydney CC [2005] NSWLEC 351

Land and Environment Court of New South Wales

CITATION : Balero Enterprises P/L v Sydney CC [2005] NSWLEC 351

APPLICANT Balero Enterprises Pty Limited

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11347 of 2004

CORAM: Murrell C

Development Application :- The extension of trading hours to allow the 24 hour operation of hotel - Amenity of surrounding area. KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 8/4/2005 and 9/05/2005

DATE OF JUDGMENT: 06/16/2005

EX TEMPORE JUDGMENT DATE : 06/16/2005

APPLICANT Mr J. Webster, SC instructed by LAS Lawyers & Consultants

LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

16 June 2005

11347 of 2004 Balero Enterprises Pty Limited v Sydney City Council

JUDGMENT 1 This is a judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against the City of Sydney Council's refusal of a development application to allow the extension of trading hours for the premises known as 1-5 Flinders Street, Surry Hills.

2 The application is for an extension of hours, to allow 24 hour trading and this equates to an additional four hours of trading per day. Currently, the premises have approval for trading between 7am and 3am. Therefore the extended period for a 24 hour licence, would include the hours between 3am and 7am.