NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Waugh Hotel Management v Marrickville Council [2007] NSWLEC 775
APPLICANT Waugh Hotel Management PARTIES : RESPONDENT Marrickville Council
FILE NUMBER(S) : 10263 of 2007
CORAM: Jagot J - Hoffman C
KEY ISSUES: Development Application :- hotel - inconsistency between statutes - relevant and irrelevant considerations - whether assessment of social impacts excluded by Liquor Act and Gaming Machines Act - whether impacts of closure of existing hotel relevant - adequacy of parking - development application refused
Environmental Planning and Assessment Act 1979 Gaming Machines Act 2001 Liquor Act 1982 LEGISLATION CITED: National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004 Environmental Planning and Assessment Regulation 2000 Gaming Machines Regulation 2002 Liquor Regulation 1996
Consumo Pty Ltd v Fairfield City Council (2003) 126 LGERA 103; Kulin Holdings Pty Limited v Penrith City Council (1999) 103 LGERA 402; CASES CITED: Oceanic Life Limited v Chief Commissioner of Stamp Duties (1999) 168 ALR 211; Parramatta City Council v Stauffer Chemical Co (Aust) Pty Ltd [1971] 2 NSWLR 500; Trust Company Limited v Chief Commissioner of State Revenue [2007] NSWCA 255; Waterways Authority of New South Wales v Coal & Allied (Operations) Pty Limited [2007] NSWCA 276;
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