Canangles Creek Pastoral Co. Pty Ltd v Leichhardt Council [2009] NSWLEC 1023

Land and Environment Court of New South Wales

CITATION : Canangles Creek Pastoral Co. Pty Ltd v Leichhardt Council [2009] NSWLEC 1023

APPLICANT Canangles Creek Pastoral Co. Pty Ltd PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10466 of 2005

CORAM: Hussey C

KEY ISSUES: SECTION 96 MODIFICATION :- make permanent late night trading hours, Amenity impacts, antisocial behaviour

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan

DATES OF HEARING: 23/01/2009

EX TEMPORE JUDGMENT DATE : 23 January 2009

APPLICANT Mr M. Staunton, barrister Instructed by Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Ms J. Reid, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

23 January 2009

10466 of 2005 Canangles Creek Pastoral Co. Pty Ltd v Leichhardt Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This matter concerns a s 96 AA application to modify the conditions of consent, particularly to make permanent the late night trading conditions for the Annandale Hotel, situated on the corner of Parramatta Road and Nelson Street, Annandale.

2 The consent was granted by the Court on the 6 February 2007 and included a trial period to allow the hotel to extend its trading hours from 12 midnight until 1am on Thursday, Friday and Saturday. Other restrictions were placed on the use of the outdoor beer garden. This application is to make permanent those extended hours from 12 midnight to 1am.