NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Crosslake Pty Limited -v- Sydney City Council [2008] NSWLEC 1206 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Crosslake Pty Limited PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 11275 & 11276 of 2007
CORAM: Hoffman C
KEY ISSUES: Development Application :- Hotel smokers' areas, noise, smoke, amenity of nearby residents, precedent
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998
DATES OF HEARING: 31/03/2008
DATE OF JUDGMENT: 29 May 2008
APPLICANT Mr P. Clay, barrister Instructed by Mr L. Harris of Back Schwartz Vaughan LEGAL REPRESENTATIVES: RESPONDENT Mr S. Kondilios, solicitor with Mr P. Whitford of Maddocks
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
29 May 2008
11275 of 2007, 11276 of 2007 Crosslake Pty Limited v Sydney City Council
JUDGMENT 1 This is two Class 1 Appeals Nos. 11275 and 11276 of 2007 between Crosslake Pty Limited in regard to the deemed refusal of DA2007/1359 and DA2007/1360 respectively for smokers areas at the Courthouse Hotel, 189 Oxford St, Surry Hills. The hotel is on the corner of Bourke St at Taylor Square. Its longest frontage is to Taylor Square as Bourke St is closed between Oxford St and Campbell St, to create the pedestrian square.
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