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. 3 On 5 November 2008 the registrar, with the consent of both parties extended the trial period until 28 February 2009. 4 The parties have now asked the court to make consent orders that have the effect of further extending the trial period until the determination of these proceedings. I see no reason why these orders should not be made. Orders 5 By consent the Court makes the following orders: (1) Until further order of the Court, the operation of the development consent DA 8/2006/533/3 the subject of these proceedings is extended to the date of determination of these proceedings. (2) Liberty to apply in relation to order 1 above on 48 hours notice. ________________________ T A Bly Commissioner of the Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.