Base Backpackers Pty Limited v Sydney City Council [2014] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Base Backpackers Pty Limited v Sydney City Council [2014] NSWLEC 1249 Decision date: 02 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Modification of consent, trial period for hours of operation of hotel Legislation Cited: Sydney Local Environmental Plan 2012 Cases Cited: Hemmes Trading Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1124 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Base Backpackers Pty Limited (Applicant) Sydney City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr P Clay SC (Respondent) Mr Lloyd Harris Back Shwartz Vaughan Solicitors (Applicant) Ms Emma Fleming Sydney City Council (Respondent) File Number(s): 10808 of 2014

Judgment 1The Scary Canary has operated as a hotel in Kent Street, Sydney since 2007 and originally as a restaurant and bar from 2005. The development consents issued by Sydney City Council (council) have included conditions of consent that limit the core trading hours from 12 noon until midnight seven days per week. Various trial periods have allowed trading until 3am, the most recent being a modification approved by the council that expired on 22 December 2013 however a grace period allowed continued trading. The hotel reverted to midnight closure on 13 October 2014. 2An application for a further extension of the opening hours from 12 noon until 3am was lodged in the form of a modification application to the council and seeks an extension to the trial period for five years allowing trading from 12 noon until 3am the following day, seven days per week. The council refused to modify the consent (D2007/308) to allow the extended hours and the applicant is appealing that decision.