Ardilo Pty Ltd v Randwick City Council [2011] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: Ardilo Pty Ltd v Randwick City Council [2011] NSWLEC 1242 Hearing dates: 10, 11 May 2011 Decision date: 21 June 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION - use of the second floor of an existing hotel for a hotel - unacceptable noise - unacceptable amenity impacts - inadequate fire safety - inadequate car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Randwick City Council v Jomaring Pty Limited & Anor [2010] NSWLEC 111 Category: Principal judgment Parties: Ardilo Pty Ltd (Applicant)

Randwick City Council (Respondent) Representation: Counsel Mr P McEwen SC (Applicant)

Ms S Duggan SC (Respondent) Solicitors Sparke Helmore (Applicant)

Shaw Reynolds Bowen & Gerathy (Respondent) File Number(s): 10929 of 2010

Judgment 1This an appeal against the refusal of DA No 649/2010 by Randwick City Council (the council) for the use of the second floor of the Coogee Palace Hotel (the hotel) at 169-181 Dolphin Street, Coogee (the site) for a hotel. The ground floor and first floor have approval for a hotel. The second floor is known as the Aquarium and the agreed position was that this floor has been used for a hotel for around 10 years, although without approval. 2The proposal provides for: * hours of operation: 11 am to midnight, Monday-Sunday, * maximum patrons: 620, * regular days: a disk jockey or up to two performers, * up to 10 days each year: entertainment with more than two performers, and * no internal or external building works. 3The contentions raised by the council relate to: * unacceptable noise, * unacceptable amenity impacts, * inadequate fire safety, and * inadequate car parking.