Copatress Pty Limited v South Sydney City Council [2004] NSWLEC 65

Land and Environment Court of New South Wales

CITATION : Copatress Pty Limited v South Sydney City Council [2004] NSWLEC 65 APPLICANT Copatress Pty Limited PARTIES : RESPONDENT South Sydney City Council FILE NUMBER(S) : 10008 of 2002 CORAM: Hoffman C Appeal :- refusal of extension of trading hours for a Hotel can the change of hourse be allowed under a s.96 application KEY ISSUES: potential for nuisance to occupants of dwellings nearby expectations of amentiy in a mixed use zone.

Liquor Licensing Act LEGISLATION CITED: South Sydney Development Control Plan 1997 South Sydney Local Environmental Plan 1989 CASES CITED: DATES OF HEARING: 01/12/2003, 02/12/2003 and 29/01/2004 EX TEMPORE 01/29/2004 JUDGMENT DATE :

APPLICANT Mr N. Hemmings, Queens Counsel instructed by Ms J. Glubb, solicitor of Allens Arthur Robinson LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Griffiths, solicitor of Pike Pike & Fenwick

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

10008 of 2002

Hoffman C

29 January 2004

Copatress Pty Ltd Applicant v

South Sydney City Council Respondent

Judgment

1. This was a class 1 appeal no 10008 of 2002 between Copatress Pty Ltd v South Sydney Council in regard to the refusal of extension of trading hours for the Buckland Hotel on the corner of Mitchell Road and Buckland Street Alexandria.