Perry Properties Pty Limited v City of Sydney Council [2008] NSWLEC 1288

Land and Environment Court of New South Wales

CITATION : Perry Properties Pty Limited v City of Sydney Council [2008] NSWLEC 1288

APPLICANT Perry Properties Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10255 of 2008

CORAM: Murrell C

KEY ISSUES: Section 96 Modification :- to extend the hours of operation of a rooftop communal recreation area of a back packers from 9pm to midnight 7 days per week; impact on adjoining residential area; noise; lights; privacy; client behaviour; plan of management; common areas.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Leichhardt Local Council Plan Zone Leichhardt Development Control Plan 2006

DATES OF HEARING: 23/06/2008 and 24/06/2008

EX TEMPORE JUDGMENT DATE : 26 June 2008

APPLICANT Mr C. Gough, solicitor of Storey & Gough

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Kondilios, solicitor with Ms N. Johnston, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

24 June 2008

10255 of 2008 Perry Properties Pty Limited v City of Sydney Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 against the City of Sydney Council's refusal of a modification application to amend the consent granted by the Council to extend the hours of operation for the rooftop communal recreation area from 9pm to 12 midnight seven days per week. The relevant condition of consent 10A requires use of the rooftop kitchen and rooftop terrace to be between 7am and 9pm seven days a week.