Habibi v Holroyd City Council [2011] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Habibi v Holroyd City Council [2011] NSWLEC 1034 Hearing dates: 2, 3 and 4 February 2011 Decision date: 18 February 2011 Jurisdiction: Class 1 Before: Morris C Decision: 1. The appeal is upheld in part. 2. Development consent, on a deferred commencement basis, is granted to Development Application No 2010/62/1 for use of the property Nos. 387-393 Guildford Road, Guildford as a reception lounge catering for a maximum of 150 guests for a trial period of twelve months subject to the conditions of consent included in Annexure "A" and the Plan of Management included in Annexure "B". 3. The exhibits are returned. Catchwords: Reception lounge; impact on amenity of nearby residential area; adequacy of carparking; whether previous unauthorised use should be considered; trial period; plan of management; noise. Legislation Cited: Environmental Planning and Assessment Act 1979; Holroyd Local Environmental Plan 1991. Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315; Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99; News Limited and Others v Australian Rugby Football League Limited and Others [1996] FCR 410. Texts Cited: Holroyd Development Control Plan 2007; Building Code of Australia. Category: Principal judgment Parties: H Habibi (Applicant) Holroyd City Council (Respondent) Representation: Counsel: MacLarens Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) Mr M Seymour (Applicant) Solicitors: Mr J Cole (Respondent) File Number(s): 10663 of 2010