Bales Investments Pty Limited & Ors v Cessnock City Council [2009] NSWLEC 1062

Land and Environment Court of New South Wales

CITATION : Bales Investments Pty Limited & Ors v Cessnock City Council [2009] NSWLEC 1062

APPLICANT Bales Investments Pty Limited & Ors PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 11080 of 2008

CORAM: Bly C

KEY ISSUES: SECTION 96 MODIFICATION :- trading hours

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 27/02/09

EX TEMPORE JUDGMENT DATE : 27 February 2009

APPLICANT Mr C. Ireland, barrister Instructed by O'Sullivan Saddington Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr T. Howards, barrister instructed by Mallik Rees Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

27 February 2009

11080 of 2008 Bales Investments Pty Limited & Ors v Cessnock City Council

JUDGMENT 1 This appeal relates to the Cessnock City Council's refusal of a modification application under section 96 of the Environmental Planning and Assessment Act 1979 in relation to the trading hours of the Wentworth Hotel in Vincent Street Cessnock. The appeal is part heard and is to resume on 12 March 2009.

2 The development consent (DA 8/2006/533/3) that permitted the hotel to trade until 3 a.m. on Friday and Saturday nights only was subject to a condition that limited these trading hours to a 12-month trial period. That trial period expired on 21 November 2007.