The Grazing Goat Investments Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 1331

Land and Environment Court New South Wales

Medium Neutral Citation: The Grazing Goat Investments Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 1331 Hearing dates: 7, 8 July 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application D/2015/ for the proposed extension of trading hours to the licensed premises known as "Tudor Hall Hotel"' located at 90 Pitt Street and 116 Redfern Street, Redfern is refused. 3. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATION: extension of trading hours to a licensed premises – whether a suitable location for extended trading hours – potential impact on amenity of residents in the area - unacceptable social impact - public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: The Grazing Goat Investments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr P Clay SC (Respondent)

Solicitors: Mills Oakley (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2016/151783 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal is against the refusal of Development Application D/2015/ for the proposed extension of trading hours to the licensed premises known as "Tudor Hall Hotel"' (the Hotel) located at 90 Pitt Street and 116 Redfern Street, Redfern (the site). 2. This development application originally sought approval for extension of trading hours of the gaming room and adjacent inner courtyard from 12 midnight to 4.00 am the following day, Thursdays to Saturdays and for minor alteration works. The applicant now seeks an amendment to the original trading hours for the gaming room and adjacent inner courtyard from 12 midnight to 2.00 am the following day on Thursdays to Saturdays and for minor alteration works for a 12 month trial period. The area is to accommodate a maximum of 38 persons based on the agreed acoustic evidence. 3. The council maintains that the extension of trading hours should be refused because the proposed hours: * do not comply with the council's Late Night Trading Management provisions; in that it is not a suitable location for extended trading hours and will likely have an unacceptable impact on amenity of residents in the area, * will have an unacceptable social impact, and * are not in the public interest.