Simmattown Pty Limited v Randwick City Council [2008] NSWLEC 1373

Land and Environment Court of New South Wales

CITATION : Simmattown Pty Limited v Randwick City Council [2008] NSWLEC 1373

APPLICANT Simmattown Pty Limited PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10562 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Consent :- Alterations to the Sports Bar, Gaming Room and Bottle Shop at Coogee Bay Hotel, substitute consertina windows in place of fixed glass windows to open the Bar to the public footpath.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998

Perry Properties Pty Ltd v Ashfield Council (No. 2) [2001] NSWLEC 62 CASES CITED: Kulin Holdings Pty Ltd v Penrith [1999] NSWLEC 157 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133

DATES OF HEARING: 25/08/2008

DATE OF JUDGMENT: 17 September 2008

APPLICANT Mr G. Green, solicitor Pike Pike & Fenwick Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

17 September 2008

10562 of 2008 Simmattown Pty Limited v Randwick City Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No.10562 of 2008 between Simmattown Pty Limited and Randwick City Council in regard to the refusal of a s96 application DA 423/2005E to amend Development Consent No.423/2005 for alterations to the Sports Bar, Gaming Room and Bottle Shop that front Coogee Bay Rd. Other alterations are being carried out under DA 36/2004 to the Beach Bar that is on the corner of Arden St and Coogee Bay Rd.