Hossain v Council of the City of Sydney [2012] NSWLEC 1144

Land and Environment Court New South Wales

Medium Neutral Citation: Hossain v Council of the City of Sydney [2012] NSWLEC 1144 Hearing dates: 28 May 2012 Decision date: 01 June 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Modification Application No D/2006/699/A for extended trading hours for the existing shop 3C at 1-3 Roslyn St, Potts Point is refused. 3. The exhibits are returned except for exhibit 3. Catchwords: MODIFICATION: application to modify consent to extend trading hours of a take-away shop; impact on residential amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Mazharul Hossain (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel Ms Lee-May Saw (Applicant) Ms Fenja Berglund (Respondent) Solicitors City of Sydney Council (Respondent) File Number(s): 10214 of 2011

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97AA of the Environmental Planning and Assessment Act 1979 against the refusal of a modification application no. D/2006/699/A (the modification application) by the Council of the City of Sydney (the Council) to extend trading hours of 'Oporto', a chicken takeaway shop (the takeaway) at 3C/ 1-3 Roslyn Street, Potts Point (the site). 2Council's contentions can be summarised as follows: * The proposal will impact on the amenity of residents in the vicinity of the proposal by way of additional noise; * Allowing the premises to continue trading beyond its current hours is likely to discourage the dispersal of intoxicated persons, with the potential of anti-social behaviour and thereby contributing to a further loss of amenity for residents and visitors.