BOTANY BAY CITY COUNCIL v. ROBERT JOHN HALPIN & JENNI THELMA HAPIN [1998] NSWLEC 124 (12 June 1998) [1998] NSWLEC 34

Land and Environment Court of New South Wales

CITATION : BOTANY BAY CITY COUNCIL v. ROBERT JOHN HALPIN & JENNI THELMA HAPIN [1998] NSWLEC 124 (12 June 1998) [1998] NSWLEC 34 PARTIES : BOTANY BAY CITY COUNCIL v. ROBERT JOHN HALPIN & JENNI THELMA HAPIN [1998] NSWLEC 124 (12 June 1998) FILE NUMBER(S) : 40137 & 10799 of 1997 CORAM: Sheahan J KEY ISSUES: :- Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Liquor Act 1982 Botany Local Environmental Plan 1995 Noise Control Act 1975 CASES CITED: South Sydney City Council v Houlakis & Teakdale Pty Limited (see 90 LGERA 399 and 92 LGERA 401). DATES OF HEARING: 6 and 7 April 1998 DATE OF JUDGMENT: 06/12/1998

Mr R Bonnici, Barrister LEGAL REPRESENTATIVES: Mr S Austin, Q.C.

JUDGMENT: 1. INTRODUCTION

These Class 1 and Class 4 proceedings were listed to be heard together, with the evidence in each to be the evidence in both.

When they came on for hearing on 6 April 1998, it was agreed that the Class 1 matter should be dealt with first, and that the Class 4 matter should be adjourned to the end of the Class 1 hearing, and, if judgment were reserved, until the delivery of the judgment.

Both proceedings concern the operation of the Endeavour Hotel ("the hotel"), which has been situated at 1102 Botany Road, Botany, within the Council's area, for more than 50 years.

Mr & Mrs Halpin purchased the hotel, and Mr Halpin became its licensee, in approximately December 1990.

Both parties tendered montages of photographs, Exhibits B4 and H4 , and the Court took a private view of the location prior to the resumption of the hearing on the second day.