Ryan v Marrickville Council [2007] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : Ryan v Marrickville Council [2007] NSWLEC 27

APPLICANT Joe Ryan PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 10664 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- s 96 Modification for late night trading hotel, noise, anti social behaviours

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2001

CASES CITED: Vinson v Randwick Council [2005] NSWLEC 142

DATES OF HEARING: 28/11/2006 and 29/11/2006

DATE OF JUDGMENT: 25 January 2007

APPLICANT Mr J. Young, barrister Instructed by Mr J. Ryan, solicitor of Joe Ryan Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Wright, barrister Instructed by Mr G. Christmas, solicitor Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

25 January 2007

10664 of 2006 Joe Ryan v Marrickville Council

JUDGMENT

Background. 1 This appeal was lodged against council's refusal of a s96 Modification to confirm extended trading hours until 3a.m. at the Queen Hotel at 167 – 169 Enmore Road, Enmore.

2 The hotel has previously operated with late night trading hours for a 12 month trial period ending 21 December 2005. During this trial period a number of amenity concerns arose, resulting in the following issues being identified for the subject appeal: + disturbances caused by patrons departing the hotel at closing time, + disturbances caused by patrons using the external areas of the hotel, + non-compliance with previous conditions of consent involving noise mitigation measures and the requirement for maintenance of an effective complaints register. The site. 3 The site is known as 167 - 169 Enmore Rd., Enmore and is described as Lot 1 in DP 557694. It is situated on the northern side of Enmore Rd with rear access from Belmore Lane.