NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McHugh Holdings Pty Limited v City of Sydney Council [2010] NSWLEC 1078
APPLICANT: McHugh Holdings Pty Limited PARTIES : RESPONDENT City of Sydney Council
FILE NUMBER(S) : 10671 of 2009
CORAM: Tuor C
KEY ISSUES: DEVELOPMENT CONSENT :- Alterations and additions and extension of Kinselas Hotel into the adjacent building, including external smoking and gaming rooms. Conditions of consent, trial period and noise impacts.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Liquor Amendment (Temporary Licence Freeze) Act 2009 South Sydney Local Environmental Plan 1988
CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373 McHugh Holdings Pty Limited v City of Sydney Council [2007] NSWLEC 194
DATES OF HEARING: 17 March 2010
EX TEMPORE JUDGMENT DATE : 17 March 2010
APPLICANT Mr P Clay, barrister SOLICITOR Bruce Stewart Dimarco, Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr S Kondilios, solicitor SOLICITOR Maddocks Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
17 March 2010
10671 of 2009 McHugh Holdings Pty Limited v City of Sydney Council
JUDGMENT 1 This is an appeal against conditions imposed on a development consent (D/2009/1193) granted by the City of Sydney Council (council) on 23 November 2009. The approved development is described in the Notice of Determination as:
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