Copatress Pty Ltd v South Sydney City Council [2002] NSWLEC 254

Land and Environment Court of New South Wales

CITATION : Copatress Pty Ltd v South Sydney City Council [2002] NSWLEC 254 APPLICANT Copatress Pty Ltd PARTIES : RESPONDENT South Sydney City Council FILE NUMBER(S) : 10008 of 2002 CORAM: Bly C Development Application :- KEY ISSUES: Extended trading hours for hotel - refusal Impacts on the amenity of the surrounding area . LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97(1) CASES CITED: DATES OF HEARING: 16 and 17 May 2002 DATE OF JUDGMENT: 06/17/2002

APPLICANT Mr N Hemmings QC, solicitor Allens Arthur Robinson LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BLY C

17 June 2002

02/10008 Copatress Pty Ltd v South Sydney City Council

JUDGMENT

Judgment Introduction 1 The recently renovated and upgraded Buckland Hotel ("the hotel") is located on the corner of Mitchell Road and Buckland Street in Alexandria. In accordance with its present consent the hotel operates until midnight Monday to Saturday and until 10.00 pm on Sundays. The owners of the hotel have now applied to the South Sydney Council for approval to extend the trading hours to 3.00 am the following day Monday to Saturday and until midnight and Sunday ("the extended hours"). The development application was refused and the applicant has now appealed against this decision. 2 The hotel presently comprises a lounge bar, a restaurant area and courtyard, a TAB lounge and a gaming room. In addition, Council approved outdoor seating areas are available on the footpaths of Mitchell Road and Buckland Street.