NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kotis & Ors v Sydney City Council [2008] NSWLEC 1521
APPLICANT Michael Kotis Kaliopi Kotis PARTIES : Alexi Kotis
RESPONDENT Sydney City Council
FILE NUMBER(S) : 10793 of 2008
CORAM: Hoffman C
KEY ISSUES: Development Consent :- Use of a ground floor courtyard and a first floor smoking area, noise nuisance to residents, odours, visual privacy, hours of operation, trial period, existing use rights.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 City of Sydney Late Night Trading Premises DCP 2007
CASES CITED: Carden v Willoughby Municipal Council SCNSW 17 June, 30 July 1985 Kirby P, Mahoney and McHugh JJA
DATES OF HEARING: 17/12/2008
EX TEMPORE JUDGMENT DATE : 17 December 2008
APPLICANT Mr S. Kondilios, solicitor Instructed by Ms N. Johnston of Maddocks LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Larkin, barrister Instructed by Bruce Woolf
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
17 December 2008
10793 of 2008 Michael Kotis & Ors v Sydney City Council
JUDGMENT 1 This is a Class 1 Appeal No 10793/08 between Kotis and Sydney City Council in regard to refusal of DA2008/540 for use of the ground floor courtyard and a first floor smoking area at the Excelsior Hotel, 101-105 Bridge Road, Glebe.
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