NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hilrok Properties Pty Ltd v Manly Council [2008] NSWLEC 1526
APPLICANT Hilrok Properties Pty Ltd PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10831 of 2008
CORAM: Murrell C
KEY ISSUES: Section 97 Appeal :- conditions of consent; noise; hours of operation; use of roof top for dining; heritage issues; streetscape; maintaining subdivision pattern.
Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988 LEGISLATION CITED: Manly Development Control Plan Manly Town Centre Urban Design Guidelines Development Control Plan for Late Night Venues 2005
DATES OF HEARING: 25/11/2008, 26/11/2008 and 17/12/2008
EX TEMPORE JUDGMENT DATE : 17 December 2008
APPLICANT Mr P. Clay, barrister Instructed by Gadens Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms C. Schofield, solicitor of Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
17 December 2008
10831 of 2008 Hilrok Properties Pty Ltd v Manly Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979. Whilst it was originally in an appeal against the deemed refusal, prior to the hearing the council advised that it was prepared for consent to be granted subject to conditions and as such this hearing has been in respect of conditions.
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