Randall Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 558

Land and Environment Court of New South Wales

CITATION : Randall Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 558 APPLICANT Randall Pty Ltd PARTIES : RESPONDENT Leichhardt Municipal Council FILE NUMBER(S) : 11063 of 2004 CORAM: Tuor C. KEY ISSUES: Development Consent :- deferred commencement condition Noise LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 30/09/2004 EX TEMPORE 09/30/2004 JUDGMENT DATE :

APPLICANT Mr P Clay, barrister SOLICITORS Moloney Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms H P Irish, barrister SOLICITORS Leichhardt Municipal Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

30 September 2004

11063 of 2004 Randall Pty Ltd -v- Leichhardt Council

JUDGMENT 1 This is an appeal against the refusal by Leichhardt Council (the council) to provide written approval of satisfactory compliance with deferred commencement condition No 1 of the development consent (D/2003/349) granted by the Court on 31 May 2004 (Appeal No 11265 of 2003). 2 The approved development is for internal alterations to an existing hotel (Monkey Bar) at 255 Darling Street, Balmain, and to use Shop 1, 251-253 Darling Street, Balmain, for hotel purposes. The deferred commencement condition states that: 1. Acoustic Measures