NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Icon Hospitality Management Pty Ltd v City of Sydney Council [2007] NSWLEC 239
APPLICANT Icon Hospitality Management Pty Ltd PARTIES : RESPONDENT City of Sydney Council
FILE NUMBER(S) : 10987 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Hotel - extension of late night trading hours to 1am, consistency with zone objectives, neighbourhood amenity.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997: Urban Design (DCP 1997)
CASES CITED: ABC Planning Pty Ltd – ats South Sydney Council [2002] NSWLEC 255
DATES OF HEARING: 20/03/2007 and 21/3/2007
DATE OF JUDGMENT: 18 May 2007
APPLICANT Mr C. McEwen, senior counsel Gaden Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Kondilios, solicitor of Maddocks
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 May 2007
10987 of 2006 Icon Hospitality Management Pty Ltd v City of Sydney Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application proposing the extension of trading hours for the Dolphin Hotel at No. 412-416 Crown Street, Surry Hills.
2 This 3-storey corner hotel was refurbished in 2005/2006 and the conditions of consent allowed the following trading hours: o Monday to Saturday; 10 a.m. to 12 midnight, and o Sundays; 10 a.m. to 10 p.m.
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