Rockdale Hotel Pty Ltd v Rockdale City Council [2014] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Rockdale Hotel Pty Ltd v Rockdale City Council [2014] NSWLEC 1111 Hearing dates: 28 May, 2014 Decision date: 17 June 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Conditions 42, 43, 149 and 150 of Development Consent No. 2013/60/A are amended, as setout in the consolidated conditions of consent in Annexure A. 3. The exhibits, other than exhibits 3, 4 and B, are returned. Catchwords: DEVELOPMENT CONSENT: disputed conditions of consent; internal acoustic amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Rockdale Hotel Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Mr C McEwen SC with Mr M. Staunton Barrister (Applicant) Mr J Cole Solicitor (Respondent) Pikes & Verekers Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10244 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97AA of the Environmental Planning and Assessment Act 1979 against the refusal of the Joint Regional Planning Panel (Sydney East Region) (JRPP) to modify four of the conditions of consent imposed on Development Consent No. 2013/60 (the approved development). The site is located at 20 Levey Street and 34-36 March Street Wolli Creek (the site). 2The approved development is the retention of the existing Mercure Hotel building; the demolition of an existing dwelling house, tennis court and pool of the hotel; and the construction of a mixed use development of 3 buildings with heights of 11, 13, and 16 storeys over 8 stages, comprising ground floor retail and commercial areas, 316 residential units and parking for 484 vehicles (exh B, p 1).