O'Hara v Sydney City Council [2006] NSWLEC 222

Land and Environment Court of New South Wales

CITATION : O'Hara v Sydney City Council [2006] NSWLEC 222

APPLICANT Dan O'Hara PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11253 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Refurbishment and alterations to a hotel, hours of operation, security arrangements, public interest

LEGISLATION CITED: Leichhardt Local Environmental Plan 2000

DATES OF HEARING: 27/02/2006 and 08/03/2006

DATE OF JUDGMENT: 05/05/2006

APPLICANT Mr C Drury, solicitor SOLICITORS Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

5 May 2006

11253 of 2005 Dan O'Hara v Sydney City Council

JUDGMENT Background 1 This appeal was lodged against conditions of consent imposed on a development application involving refurbishment and alterations to the " Nags Head Hotel", located at 162 St Johns Road, Glebe. The alterations include the transfer of the gaming room containing 15 electronic machines into the ground floor of the adjoining terrace in St Johns Road. This property was previously used as a pizza restaurant.

2 Development consent was granted subject to a number of conditions and the appeal was lodged in respect of the conditions covering the following matters: - hours of operation, - a 1 year trial period for the new gaming area, between 10 p.m. - 12 midnight, Monday to Saturday and 10 a.m. – 11.30 p.m. Sundays, - security arrangements, - public interest.