Wonarla Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1350

Land and Environment Court of New South Wales

CITATION : Wonarla Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1350

APPLICANT Wonarla Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10340 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- increased numbers of patrons for the public entertainment areas of the Imperial Hotel - impact on residential amenity

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

DATES OF HEARING: 6, 7, 8 October 2009

DATE OF JUDGMENT: 21 October 2009

APPLICANT Mr T Robertson SC SOLICITORS Bartier Perry LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 October 2009

10340 of 2009 Wonarla Pty Ltd v Council of the City of Sydney

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application D/2008/1350 by the Council of the City of Sydney (the council) for alterations and increased numbers of patrons for the public entertainment areas of the Imperial Hotel located at 35-37 Erskinville Road, Erskinville (the site). Background 2 The Imperial Hotel is a heritage listed hotel, dating from the 1930's. To the east of the site, is a row of terraces comprising a mix of residential, commercial and retail uses. A service station is located directly to the west and approval has been granted for five residential terraces on the opposite side of Erskinville Road. Residential terraces are also located across Erskinville Road to the north-west of the hotel and to the west and south in Union Street.