NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ashbian Nominees Pty Ltd v Sydney City Council [2008] NSWLEC 1436
APPLICANT Ashbian Nominees Pty Ltd PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 10395 of 2008
CORAM: Hoffman C
KEY ISSUES: Modification Application :- alterations and additions to the Beresford Hotel, a Revised Security Plan of Management, hours of operation, acoustic standards, landscaping, late night activity and impacts.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 City of Sydney Late Night Trading Premises Development Control Plan 2007 South Sydney Development Control Plan 1997: Urban Design
DATES OF HEARING: 02/09/2008, 03/09/2008 and 13/10/2008
DATE OF JUDGMENT: 30 October 2008
APPLICANT Mr N. Eastman, barrister Instructed by Gadens Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Clay, barrister Instructed by Maddocks Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
30 October 2008
10395 of 2008 Ashbian Nominees Pty Ltd v Sydney City Council
JUDGMENT 1 Commissioner: This is an appeal against the refusal of a s96 application to amend Development Consent No.D/2006/664 for alterations and additions to the Beresford Hotel at 354-358 Bourke St and 11-15 Hill St, Surry Hills. The site also fronts Mary's Place. The modification sought is to extend the hours of operation currently approved for a large rear courtyard and for a 1st floor function facility.
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