Cross Lakes Pty Limited v Sydney City Council [2008] NSWLEC 1362

Land and Environment Court of New South Wales

CITATION : Cross Lakes Pty Limited v Sydney City Council [2008] NSWLEC 1362

APPLICANT Cross Lakes Pty Limited PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11275 of 2007 and 11276 of 2007

CORAM: Hoffman C

KEY ISSUES: Appeal :- Conditions, acoustic barrier, smokers areas in licensed premises

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 13/03/2008, 14/03/2008, 31/03/2008 and 26/08/2008

EX TEMPORE JUDGMENT DATE : 26 August 2008

APPLICANT Mr P. Clay, barrister instructed by Back, Schwartz Vaughan LEGAL REPRESENTATIVES:

RESPONDENT Mrs P. Bruno, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

26 August 2008

11275 of 2007 Cross Lakes Pty Limited v Sydney City 11276 of 2007 Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 Further to my judgment handed down on 29 May 2008, the parties have now tendered Exhibits 22 and 23 being final draft conditions of the respondent, Exhibits P and Q being updated plans of the applicant and Exhibits R and S being the applicant's draft conditions. There are some variations between the two sets of conditions.

2 During evidence from the acoustic experts, Messrs Atkins and Cooper, Exhibit Q was hand-annotated to satisfy the respondent on the final form of the uppermost acoustic barrier on the first floor smokers' terrace. Mr Atkins wanted another barrier-hood over the east wall of the terrace but had not redone calculations in order to dispute the new calculations done by Mr Cooper to show it is unnecessary. Mr Cooper said he was confident Exhibits P and Q would fulfil the findings in my judgment. I accept Mr Cooper's assurance, knowing the trial period monitoring can require more acoustic barriers if warranted. 3 The parties agreed the updated drawings enabled part deletion of condition 2A in Exhibit S and 23 as annotated and also clarified condition 20 in both appeals. They also agreed to condition 1A, adding drawing 0543-104A dated August 2008 in Exhibits S and 23.