Avrocorp Pty Limited v Woollahra Council [2008] NSWLEC 1369

Land and Environment Court of New South Wales

CITATION : Avrocorp Pty Limited v Woollahra Council [2008] NSWLEC 1369

APPLICANT Avrocorp Pty Limited PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 10165 of 2008

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations to the Grand National Hotel, car parking, amenity, noise, smoking terrace

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995

DATES OF HEARING: 19/08/08 20/08/08 and 21/08/08

EX TEMPORE JUDGMENT DATE : 21 August 2008

APPLICANT Mr A. Pickles, barrister Instructed by Killalea Solicitor

LEGAL REPRESENTATIVES: RESPONDENT Ms J. Hewitt, solicitor and Ms D. Le Breton, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

21 August 2008

10165 of 2008 Avrocorp Pty Limited v Woollahra Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to a development application for alterations to the Grand National Hotel at 33 Elizabeth Street, Paddington.

2 The proposed works involve all four levels of the building including the basement and mainly comprise the reconfiguration of the bar area and bistro on the ground floor and the relocation of the restaurant to the first floor. The first floor is presently utilised for office, staff, storage and other purposes. There are a number of vacant rooms on this floor in the form of bedrooms that would originally have been used as such and associated with the hotel use. Other than the storage uses that are to be transferred to the extended basement the office and staff uses will be transferred to the second floor.