Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139

Land and Environment Court New South Wales

Medium Neutral Citation: Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139 Hearing dates: 7-8 June 2012 Decision date: 20 June 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declarations that conditions in outdoor dining approvals issued by respondent under Local Government Act 1993 s 68 Part E and Roads Act 1993 ss 125 and 126 banning smoking in outdoor dining areas on public footways are invalid. (2) Respondent to pay applicants' costs unless within five working days a party applies by notice of motion for a different order accompanied by written submissions. Catchwords: JUDICIAL REVIEW - whether council sought to erect notices banning smoking under s 632 Local Government Act 1993 and whether it had power to do so - whether no smoking conditions in outdoor dining approvals issued by council to restaurants on footways of public roads under Local Government Act 1993 s 68 Part E and Roads Act 1993 ss 125 and 126 are invalid - whether council's no smoking policy amended a development consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Part 4 Local Government Act 1993 ss 68, 89, 94, 632, 633C(b), Chapter 7, Dictionary Roads Act 1993, ss 3(h), 5(1), 7, 115, 125, 126, 127, 145(3), Parts 8, 9, Dictionary Cases Cited: Allen Commercial Constructions Pty Ltd v Council of the Municipality of North Sydney [1970] HCA 42, 123 CLR 490 Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) [2012] NSWLEC 53 Manly Council v Malouf [2004] NSWCA 299, 61 NSWLR 394 Category: Principal judgment Parties: 40385 of 2012 Parramatta Business Freedom Association Inc (First Applicant) Armani at Parramatta Pty Ltd (Second Applicant) Parramatta City Council (Respondent)