Young v Marrickville Council [2011] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Young v Marrickville Council [2011] NSWLEC 1262 Hearing dates: 29 June 2011, 18 August 2011 written submissions Decision date: 24 August 2011 Jurisdiction: Class 1 Before: Brown C Decision: A. For Appeal No 10895 of 2010, the orders of the Court are: 1. The appeal is upheld in part. 2. Development consent No. 200200553 to carry out alterations and additions to the Zanzibar and use of the roof of the Zanzibar (formerly the Oxford Hotel) as a beer garden granted by Land and Environment Court of NSW on 28 October 2003 as subsequently modified is further modified as set out in annexure "A". 3. The exhibits are to be returned. For Appeal No 10896 of 2010, the orders of the Court are: 1. The appeal is upheld in part. 2. Development consent No. 200200553 to carry out alterations and additions to the Zanzibar and use of the roof of the Zanzibar (formerly the Oxford Hotel) as a beer garden granted by Land and Environment Court of NSW on 28 October 2003 as subsequently modified is further modified as set out in annexure "A".. 3. The exhibits are to be returned. For Appeal No 10147 of 2011, the orders of the Court are: 1. The appeal is upheld in part. 2. Development consent No. 200200553 to carry out alterations and additions to the Zanzibar and use of the roof of the Zanzibar (formerly the Oxford Hotel) as a beer garden granted by Land and Environment Court of NSW on 28 October 2003 as subsequently modified is further modified as set out in annexure "A". 3. The exhibits are to be returned. B. The parties are to file an agreed set of consolidated conditions including all modifications since the approval granted by Land and Environment Court of NSW on 28 October 2003 by 31 August 2011. Catchwords: MODIFICATION - modification of conditions of consent to allow additional access and patron numbers to existing hotel - noise - impact on nearby residential properties Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Kathy Young (Applicant)