NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Solotel Pty Limited v Woollahra Council [2011] NSWLEC 1210 Hearing dates: 16 to 19 May and 2 June 2011 Decision date: 21 July 2011 Jurisdiction: Class 1 Before: Moore SC Decision: 1.The appeal is dismissed; 2.Development Application 512/2009 for alterations to and an increase of the permitted patron numbers at the Paddington Inn at Oxford Street, Paddington is determined by the refusal of development consent; and 3.The exhibits, other than Exhibits 7 and B, are returned. Catchwords: Increased patron numbers for licensed premises; multiple licensed premises in the vicinity; inevitability of behavioural impacts on residents from existing late night trading licensed premises close to residences; aggregation of impacts of antisocial behaviour; basis for consideration of aggregated impacts and likelihood of increased impacts from granting application to increase patron numbers; unacceptability of urination on residential premises by patrons of existing late night trading licensed premises. Cases Cited: Vinson v Randwick Council [2005] NSWLEC 142; (2005) 141 LGERA 27 Borg Architects Pty Limited v Council of the City of Sydney [2009] NSWLEC 1305 Rifon Pty Ltd v Sydney City Council [2006] NSWLEC 778 Category: Principal judgment Parties: Solotel Pty Limited (Applicant) Woollahra Council (Respondent) Representation: Counsel Mr P Clay (Applicant)
Ms S Duggan SC (Respondent) Solicitors Mr B Bulford Bruce Stewart Dimarco (Applicant)
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