Iris Hotel Group Management Pty Ltd v Hunters Hill Council [2017] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Iris Hotel Group Management Pty Ltd v Hunters Hill Council [2017] NSWLEC 1303 Hearing dates: 20-21 April and 22 May 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Class 1 Before: Morris C Decision: Matter No 257480/2016 – Appeal dismissed Matter No 325767/2016 – Appeal upheld Catchwords: DEVELOPMENT APPLICATION: extension of hotel trading hours DEVELOPMENT APPLICATION: change of use to hotel - parent's retreat and children's dining area Legislation Cited: Hunters Hill Local Environmental Plan 2012; Liquor Act 2007 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Iris Hotel Management Group Pty Ltd (Applicant)

Hunters Hill Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr M Staunton (Respondent)

Solicitors: Mills Oakley (Applicant) HWL Ebsworth (Respondent) File Number(s): 257480/2016 & 325767/2016

Judgment 1. Iris Hotel Management Group operate the Hunters Hill Hotel and lodged two development applications with Hunters Hill Council that relate to that hotel. 2. The first application (Matter No 257480/2016) proposes the extension of trading hours of the hotel. 3. The second (Matter No 325767/2016) proposes the expansion of the hotel into approved retail space and use of that space as a parents' retreat/children's play area. 4. The council had not determined either application within the prescribed period and Iris is appealing the deemed refusal of those applications. 5. The parties agreed that the matters be heard concurrently with evidence in one, evidence in the other where appropriate.