North Sydney Leagues Club Ltd v North Sydney Council [2017] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: North Sydney Leagues Club Ltd v North Sydney Council [2017] NSWLEC 1002 Hearing dates: 28, 29,30 September 2016 Date of orders: 06 January 2017 Decision date: 06 January 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA 78/16 for the internal refurbishment of the main clubhouse building and internal alterations to provide additional toilets, the continued use of part of the most northern bowling green and specify hours of operation and patron numbers for the North Sydney Bowling Club at 50 Ridge Street North Sydney is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit G. Catchwords: DEVELOPMENT APPLICATION: internal refurbishment of the main clubhouse building and internal alterations to provide additional toilets and the continued use of part of one bowling green – is the use is a prohibited use in the zone - inadequate off street parking - unacceptable impacts on the local amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Liquor Act 2007 North Sydney Local Environmental Plan 2013 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116, Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 400, Foodbarn Pty Limited & Ors v Solicitor-General (1975) 32 LGRA 157, Hastings Point Progress Association v Tweed Shire Council (2009) 168 LGERA 99, Marpet Enterprises v. Eurobodalla Shire Council (2000) 108 LGERA 432, Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404, Paynter Dixon Constructions Pty Ltd v. Fairfield City Council [2011 ] NSWLEC 127, Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315, Royal Oak Pastoral Co. v. Mulwaree Shire Council [1997] NSWLEC 5. Category: Principal judgment Parties: North Sydney Leagues Club Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr T To, barrister (Respondent)