Cai v Fairfield City Council [2011] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Cai v Fairfield City Council [2011] NSWLEC 1370 Hearing dates: 13 September 2011 Decision date: 13 September 2011 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld, in part, by consent. 2. Development Consent No. 1340.1/2010 to use of an existing industrial unit at unit 39/1-3 Knight Street, Lansvale for a club is approved subject to the conditions in Annexure A. Catchwords: CONSENT ORDERS - appeal against conditions of consent - hours of operation - 12 month operation of consent - security personnel - resident information letters - meeting with residents - dress code Legislation Cited: Environmental Planning & Assessment Act 1979 Practice Note - Class 1 Development Appeals Category: Principal judgment Parties: Xin Yin Cai (Applicant)

Fairfield City Council (Respondent) Representation: Counsel Mr M Eirth, barrister (Applicant)

Mr G Castellan, solicitor (Respondent) Solicitors John Stonham & Co Lawyers (Applicant)

Ritchie & Castellan (Respondent) File Number(s): 10308 of 2011

Judgment 1ACTING SENIOR COMMISSIONER: This is an appeal pursuant to s 97(2) of the Environmental Planning & Assessment Act 1979 against conditions imposed by Fairfield City Council (the council) on Development Consent No. 1340.1/2010 for the approval of existing industrial unit 39 at 1-3 Knight Street, Lansvale (the site) as a club. 2The conditions in dispute are: * hours of operation (condition 4), * 12 month operation of consent (condition 5), * security personnel (condition 26), * resident information letters (condition 34), * meeting with residents (condition 35), and * dress code (condition 38).