NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) [2012] NSWLEC 53 Hearing dates: 13 and 15 March 2012 Decision date: 26 March 2012 Jurisdiction: Class 1 Before: Preston CJ Decision: Orders as set out at [98] Catchwords: APPEAL - appeal against Council decision to refuse application to modify development consent to change outdoor eating area on two public roads - power of Court on appeal to exercise Council's functions to approve outdoor eating area under Roads Act 1993 - modification of development consent should be approved - different public roads raise different issues - approval under Roads Act of outdoor eating area on one but not the other public road Legislation Cited: Environmental Planning and Assessment Act 1979 ss 80, 96, 96AA, 97AA Land and Environment Court Act 1979 s 39(2) Roads Act 1993 s 125 Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) [2009] NSWLEC 226; (2009) 172 LGERA 1 Australian Leisure and Hospitality Pty Limited v Manly Council [2005] NSWLEC 316 Category: Principal judgment Parties: Australian Leisure and Hospitality Group Pty Ltd (Applicant) Manly Council (Respondent) Representation: Mr J E Robson SC (Applicant) Mr A M Pickles (Barrister) (Respondent) Norton Rose (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 11219 of 2011
Judgment
A hotel's attempts to use footways of public roads for a restaurant
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