Wonarla Pty Ltd v Council of the City of Sydney (No 2) [2009] NSWLEC 1424

Land and Environment Court of New South Wales

CITATION : Wonarla Pty Ltd v Council of the City of Sydney (No 2) [2009] NSWLEC 1424 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Wonarla Pty Ltd v PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10340 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- increased numbers of patrons for the place of public entertainment areas of the Imperial Hotel - submissions on conditions relating to inclusion of public holidays, numbers of security staff and noise complaint procedures

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Wonarla Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1350

DATES OF HEARING: Written submissions on conditions 11 December 2009

DATE OF JUDGMENT: 18 December 2009

APPLICANT Mrs M L Taylor, solicitor SOLICITORS Bartier Perry

LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor Mr M Winram, solicitor SOLICITORS Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

18 December 2009

10340 of 2009 Wonarla Pty Ltd v Council of the City of Sydney (No 2)

JUDGMENT 1 COMMISSIONER: Development Application D/2008/1350 sought to increase the existing capacity of the Place of Public Entertainment (PoPE) areas of the Imperial Hotel located at 35-37 Erskinville Road, Erskinville from 442 patrons to 788 patrons. The extended patronage provides for 288 patrons in the ground floor Cabaret Bar and 500 patrons in the basement level Priscilla and Cellar Bars of the hotel.