NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pacific Islands Express Pty Ltd v Hawkesbury City Council [2009] NSWLEC 1321
APPLICANT Pacific Islands Express Pty Ltd PARTIES : RESPONDENT Hawkesbury City Council
FILE NUMBER(S) : 10024 of 2009
CORAM: Bly C
KEY ISSUES: DEVELOPMENT CONSENT :- existing hotel, extension of tradingt hours, amenity of nearby residential area.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hawkesbury Local Environmental Plan 1989
CASES CITED: Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Wolgan Action Group Incorporated v Lithgow City Council [2001] NSWLEC 199
TEXTS CITED: NSW Bureau of Crime Statistics and Research Study-Rules of Engagement: Policing Antisocial Behaviour and Alcohol-Related Violence in and Around Licenced Premises (J. Fleming 2008)
DATES OF HEARING: 3-4 June 2009 and 29 June 2009
DATE OF JUDGMENT: 2 October 2009
APPLICANT Mr C Leggat (SC) SOLICITOR Maddocks LEGAL REPRESENTATIVES:
RESPONDENT Mr S Griffiths (solicitor) SOLICITOR Pikes Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
2 October 2009
10024 of 2009 Pacific Islands Express Pty Ltd v Hawkesbury City Council
JUDGMENT Introduction 1 This appeal relates to three development consents granted by the Hawkesbury City Council in relation to the existing licenced premises known as the Clarendon Tavern. The first of these consents (0341/91) was granted in May 1993 for the construction of a "tourist facility/service station and convenience store". The plans accompanying this consent show the now existing hotel. The hotel was initially permitted to operate between 9 am and 10 pm daily. These operating hours have since been amended to allow the a hotel to trade between 5 am to 12 midnight, Mondays to Saturdays and 10 am to 12 midnight on Sundays. The hotel has maximum capacity of 375 persons and a Place of Public Entertainment licence for 250 people. 2 A subsequent development consent (1325/03) granted in September 2003 permitted a cafe to be converted into a function room associated with the hotel. A further development consent (0518/05) granted in September 2005 was for certain building works and the creation of a gaming room, TAB bar and bottle shop in conjunction with the hotel.
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