NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ryan v Sutherland Shire Council [2006] NSWLEC 142
APPLICANT J Ryan PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11091 of 2005
CORAM: Moore C
Development Consent :- Modification of consent KEY ISSUES: Licensed premises Extension of hours Social impact .
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96
Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277; CASES CITED: Vinson v Randwick Council [2005] NSWLEC 142; .
DATES OF HEARING: 23 and 24 March 2006
DATE OF JUDGMENT: 03/30/2006
APPLICANT Mr D Wilson, barrister INSTRUCTED BY Mr J Ryan, solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister INSTRUCTED BY Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C
30 March 2006
05/11091 J Ryan v Sutherland Shire Council
JUDGMENT Introduction 1 COMMISSIONER: This is an appeal pursuant to s 96 of the Environmental Planning and Assessment Act 1979 against the refusal by Sutherland Shire Council (the council) of an application on behalf of the management of the Gymea Hotel (the hotel) to vary the presently approved trading hours of the hotel. 2 The present approved hours are set out in Condition 66 of Development Consent No. 03/0661 which relevantly states: ... the use of the premises shall be restricted to between the hours of 5.00 am, and 12.00 midnight Mondays to Saturdays, inclusive, and between the hours of 10.00 am and 10.00 pm, Sundays
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