NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Powerhouse Corporation v Kogarah Council [2009] NSWLEC 1025
APPLICANT Powerhouse Corporation Pty Limited PARTIES : RESPONDENT Kogarah Council
FILE NUMBER(S) : 10524 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- extension of hotel trading hours - amenity impacts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Zhang v Canterbury City Council [2001] 115 LGERA 373
DATES OF HEARING: 27, 28/01/09
DATE OF JUDGMENT: 6 February 2009
APPLICANT Mr P Clay, barrister SOLICITORS HPL Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister SOLICITORS Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
6 February 2009
10524 of 2008 Powerhouse Corporation Pty Limited v Kogarah Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Kogarah Council (the council) of Development Application DA 127/2008 to amend the trading hours of the Kings Head Tavern (the hotel) located at 801A King Georges Road (the site), on the corner with Connells Point Road, South Hurstville.
2 The issues raised by the council relate principally to the potential impact on the amenity of nearby residential properties by way of noise generated from within the hotel, noise generated by patrons entering and leaving the hotel and the use of on street parking. The site and surrounding area 3 The site is Lots 2, 3 and 4 in DP 301390. The site contains a 2-storey Inter War Hotel in the Georgian Revivalist Style constructed around 1929 and located largely on the King Georges Road and Connells Point Road Street alignments. A beer garden area is located at the rear of the hotel and a detached double garage is located near the western corner. The remainder of the site is sealed and used as a car park with access from Connells Point Road and exiting to King Georges Road. The proposed development does not propose any changes to the current layout of the hotel apart from some adjustment of the car parking spaces to provide for 15 car parking spaces.
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