Vinson v Randwick Council [2005] NSWLEC 142

Reported Decision : 141 LGERA 27

Land and Environment Court of New South Wales

CITATION : Vinson v Randwick Council [2005] NSWLEC 142

APPLICANT D Vinson

PARTIES : RESPONDENT Randwick City Council .

FILE NUMBER(S) : 11356 of 2004

CORAM: Moore C

Development Application :- Place of Public Entertainment Authority Planning Principle - Extension of trading hours increase in permitted patron numbers or additional attractions for licensed premises KEY ISSUES: Noise impact Parking Social impact .

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: .

Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277; CASES CITED: .

DATES OF HEARING: 10 and 11 March 2005

DATE OF JUDGMENT: 04/06/2005

APPLICANT Mr P Clay, barrister INSTRUCTED BY Yardy Legal LEGAL REPRESENTATIVES: RESPONDENT Mr J Kildea, barrister INSTRUCTED BY Bowen and Gerathy

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

6 April 2005

04/11356 Vinson v Randwick Council

JUDGMENT Introduction 1 Commissioner: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Randwick City Council (the council) of Development Application 715/2003 for a Place of Public Entertainment Authority (POPE) for a hotel known as the Coach and Horses Hotel (the premises) located at 147 Avoca Street, Randwick. The council refused the application on 19 October 2004. 2 The original application was lodged in the name of Mr Williams, the then licensee of the premises. During the course of the hearing, leave was granted to substitute Mr Vinson, the present licensee, for Mr Williams. The locality