Ducester Pty Limited v Randwick City Council [2012] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Ducester Pty Limited v Randwick City Council [2012] NSWLEC 1316 Hearing dates: 5 November 2012 Decision date: 05 November 2012 Jurisdiction: Class 1 Before: Fakes C Decision: 1. Appeal upheld 2. Consent granted to modify development consent DA-98/2010 in respect of the property know an the Duke of Gloucester Hotel, 2 St Marks Road, Randwick, in respect of condition 9, relating to hours of operation of the beer garden, and condition 10, relating to the maximum number of patrons permitted in the beer garden. 3. Development is granted subject to the consolidated set of conditions annexed and marked "A". Catchwords: CONSENT ORDERS: Modification application - conditions of consent; acoustic issues Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environmental Court Act 1979 Randwick Local Environmental Plan 1998 Category: Principal judgment Parties: Ducester Pty Limited (Applicant) Randwick City Council (Respondent) Representation: Applicant: Mr S Gallagher (solicitor) Respondent: Mr P Rigg (solicitor) Applicant: Shanahan Tudhope Solicitors Respondent: Norton Rose Australia File Number(s): 11047 of 2011

Judgment 1COMMISSIONER: This is an application made under s97AA of the Environmental Planning and Assessment Act 1979 (the Act) against Randwick City Council's determination of a s 96 modification application (DA/98/2010/A) for modifications to conditions of consent for alterations and additions to the Duke of Gloucester Hotel, St Marks Road Randwick. 2The key differences between the parties regarding the hours of operation, number of patrons, and acoustic issues arising from the proposed extension to the courtyard beer garden have been resolved and the parties seek consent orders from the Court.