NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bales Investments Pty Ltd and Ors v Cessnock City Council [2009] NSWLEC 1102 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Bales Investments Pty Ltd, Jason Fenton and Vicki Fenton PARTIES : RESPONDENT Cessnock City Council
FILE NUMBER(S) : 11080 of 2008
CORAM: Bly C
KEY ISSUES: MODIFICATION APPLICATION :- hotel trading hours, objectives of commercial zone, neighbourhood amenity, social impact.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Cessnock Local Environmental Plan 1989 Liquor Act 2007.
Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 CASES CITED: Vinson v Randwick Council [2005] NSWLEC 142 Legman Pty Limited v Council of the City of Sydney [2005] NSWLEC 640 Dayho v Rockdale City Council [2004] NSWLEC 184
DATES OF HEARING: 16, 17 February and 12 March 2009
DATE OF JUDGMENT: 8 April 2009
APPLICANT Mr C. Ireland, barrister Instructed by O'Sullivan Saddington LEGAL REPRESENTATIVES:
RESPONDENT Mr T. Howard, barrister Instructed by Mallik Rees
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
8 April 2009
11080 of 2008 Bales Investments Pty Ltd, Jason Fenton and Vicki Fenton v Cessnock City Council
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