Redcape Hotel Group Pty Ltd v Council of the City of Ryde [2016] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Redcape Hotel Group Pty Ltd v Council of the City of Ryde [2016] NSWLEC 1497 Hearing dates: 17-18 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. LDA2015/263 for the construction of a new building containing a hotel on the ground level comprising bar, dining and gaming areas, with three levels of parking over for 45 cars and a rear loading area to be shared by the proposal and the adjoining hotel, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new hotel; social impacts within the locality. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Cardno Pty Ltd v Campbelltown City Council [2013] NSWLEC 1056 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104 Martin Morris & Jones Pty Ltd v Shoalhaven City Council [2012] NSWLEC 1280 Motto Farm Pty Ltd v Port Stephens Council [2011] NSWLEC 1293 Waugh Hotel Management Pty Ltd v Marrickville Council (2009) 171 LGERA 112 Category: Principal judgment Parties: Redcape Hotel Group Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: Mr M. Staunton barrister (Applicant) Mr P. Clay SC (Respondent)