Nara Lounge Pty Ltd v Hurstville City Council [2015] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Nara Lounge Pty Ltd v Hurstville City Council [2015] NSWLEC 1167 Hearing dates: 23 March 2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is dismissed. 2.Modification application 2014/0077 to modify development consent DA2014/0047 granted by the Council on 4 June 2014 for alterations and additions to an existing building and use as a refreshment room (restaurant) and food kiosk with associated signage at 309B Forest Road Hurstville is refused. 3. The exhibits are returned except for exhibits 1, 7 and C Catchwords: DEVELOPMENT MODIFICATION – Restaurant – Increase in seating capacity from 60 to 250 – Additional car parking spaces off site – whether development as modified substantially the same as development for which consent granted Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 1994 Cases Cited: Basset & Jones Architects Pty Ltd v Waverley Council (No 2) [2005] NSWLEC 530 Bathla Investments Pty Ltd v Blacktown City Council [2008] NSWLEC 1506 Boyd v Bega Valley Council [2007] NSWLEC 23 Davi Developments Pty Ltd v Blacktown City Council [2007] NSWLEC 106 Iris Diversified Property Pty Ltd v Randwick City Council [2011] NSWLEC 1038 Marana Developments Pty Ltd v Botany City Council [2011] NSWLEC 1110 Meck v Waverley Council (No 2) [2005] NSWLEC 363 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342 The Satellite Group (Ultimo) Pty Ltd v Sydney City Council (Talbot J, 22 December 1998, unreported) Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 2 Category: Principal judgment Parties: Nara Lounge Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr T Morahan (Applicant) Mr A Seton, Solicitor (Respondent)