WWL Consulting Pty Ltd v Marrickville Council [2011] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: WWL Consulting Pty Ltd v Marrickville Council [2011] NSWLEC 1161 Hearing dates: 23, 24 March & 1 April 2011 Decision date: 24 June 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application to demolish part of and carry out alterations to existing premises at 252-254 Illawarra Road, Marrickville, for use as a hotel is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 1 and E, may be returned. Catchwords: APPEAL - development application for alterations to existing building for use as a hotel. Social impacts - extent of disadvantage people in the locality; vulnerability of disadvantaged people to alcohol related harm; extent of existing alcohol related harm; whether alcohol related harm exacerbated by the hotel. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Gaming Machines Act 2001 Marrickville Local Environmental Plan 2001 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 JPR Legal Pty Ltd v Marrickville Council [2009] NSWLEC 1216 JPR Legal Pty Ltd v Marrickville Council [2009] NSWLEC 156 Waugh Hotel Management v Marrickville Council [2007] 156 LGERA 414 Waugh Hotel Management v Marrickville Council [2009] 171 LGERA 112 Category: Principal judgment Parties: WWL Consulting Pty Ltd (Applicant)