Caverstock Group Pty Limited (ACN 073161707) v Minister for Planning [2009] NSWLEC 1297

Land and Environment Court of New South Wales

CITATION : Caverstock Group Pty Limited (ACN 073161707) v Minister for Planning [2009] NSWLEC 1297

APPLICANT Caverstock Group Pty Limited (ACN 073161707) PARTIES : RESPONDENT Minister for Planning

FILE NUMBER(S) : 10208 of 2009

CORAM: Hussey C

KEY ISSUES: MODIFICATION APPLICATION :- Trading hours/acoustic and heritage impacts.

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

DATES OF HEARING: 13 August 2009

EX TEMPORE JUDGMENT DATE : 13 August 2009

APPLICANT Mr P Tomasetti (barrister) SOLICITOR LEGAL REPRESENTATIVES: Mr P Hines (solicitor)

RESPONDENT Mr M McDonald (solicitor)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

13 August 2009

10208 of 2009 Caverstock Group Pty Limited (ACN 073161707) v Minister for Planning This determination was given extemporaneously and has been edited prior to publication

JUDGMENT Background. 1 This appeal was lodged against the Department's refusal to modify conditions of consent regarding the adaptive reuse of the Lee Wharf Building C at Honeysuckle Drive, Newcastle. This development was granted approval on 9 July 2008.

2 Insofar as the application was for a number of modifications, those remaining in contention for the appeal concerned the deletion of the following conditions: A6 Hours of Operation (2) The outdoor deck area is to operate between the hours of 10.00AM and 10.00PM, seven (7) days a week. No patrons are permitted in this area after 10.00PM. (3) A maximum of 2 special events per calendar year are permitted … Any additional events to this area to be subject to a separate approval from Newcastle City Council . (Appeal in respect of high-lighted sentence). 3 The applicant contended that these conditions were unnecessary, impractical and rendered the development unviable. The amendments were sought to enable the use of the outdoor deck area to be consistent with the trading hours of the remainder of the hotel and restaurant.