Robinson v Lithgow City Council [2010] NSWLEC 1185

Land and Environment Court of New South Wales

CITATION : Robinson v Lithgow City Council [2010] NSWLEC 1185

APPLICANT David Robinson PARTIES : RESPONDENT Lithgow City Council

FILE NUMBER(S) : 10033 of 2010

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- Amusement centre, Suitability of site - isolation, lack of lighting, potential for increased crime, Public interest - adverse impact on the safety and amenity of adjoining properties.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lithgow City Local Environmental Plan 1994 Greater Lithgow City Council - Off Street Parking Development Control Greater Lithgow City Council - Outdoor Advertising Development Control Plan

CASES CITED: Zhang and Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 30 April 2010, further advice 7 May 2010

DATE OF JUDGMENT: 30 July 2010

APPLICANT Mr M Fragar (Agent)

LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths (solicitor) SOLICITOR Pikes Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 July 2010

10033 of 2010 David Robinson v Lithgow City Council

JUDGMENT 1 The applicant is seeking consent for an amusement centre in premises known as No. 1 Naomi Street Lithgow. The proposal is for 18 amusement machines to be installed in the premises. It is proposed that a CCTV security system and security lighting be installed. 2 The site is within the town centre of Lithgow and has both vehicle and pedestrian access from known Naomi Street, a side street off the Main Street within the central business district. At the rear of the site there is a large council car park that serves a supermarket (60 metres away) and other business premises, and the Police , about 50 metres across the Council carpark at the rear of the site Figure 1 provides photographs of the subject premises and Figure 2 is an aerial photograph that shows the location of the subject. 3 The land is Lot 1 DP 604850 and it has an area of some 830m2 with a frontage of about 30metres on the eastern side of Naomi Street. 4 The existing single storey brick building on the site contains a pet shop and was previously used as an office furniture showroom, and prior to this a garden centre. 5 The site is fully enclosed by walls and fencing and there is no change proposed to the external form of the building. 6 The amusement centre is proposed to have the following hours of operation: Winter: April-September School Term Monday to Friday: 11 am to 6.30pm Saturday: 9am to 7.30pm School Holidays: Monday to Friday: 9am to 6.30pm Saturday: 9am to 7.30pm Summer October – March School Term Monday to Friday: 11 am to 8pm Saturday: 9am to 8pm School Holidays Monday to Friday: 9am to 8pm Saturday: 9am to 8pm Sunday/Public Holidays: Closed